Denver & R. G. R. v. Interstate Commerce Commission

Citations

• 195 F. 968
• 1912 U.S. Commerce Ct. LEXIS 7

Syllabus

<p>1. Commerce (§ 33*)—Interstate Commerce Act—Construction.</p> <p>The proviso in Interstate Commerce Act Eeb. 4, 1887, e. 104, § 1, 24 Stat. 379 (U. S. Comp. St. 1901, p. 3154), “that the provisions of this act shall not apply to the transportation of passengers or property * * * wholly within one state and not shipped to or -from a foreign country from or to any state or territory as aforesaid,” is not an exception of the intrastate carriage of interstate commerce from the operation in the act, while leaving the intrastate carriage of foreign commerce subject to its provisions, but is merely a disclaimer of the intention to include purely intrastate business over which Congress has no jurisdiction; and the exception therefrom of shipments to or from a foreign country is to avoid any possible conflict with the preceding clause, which makes such shipments subject to the act, although their carriage in this country to or from a port of transhipment or entry may be wholly within a single state.</p> <p>[Ed. Note.—Eor other eases, see Commerce, Cent. Dig. §§ 26, 81; Dec. Dig. § 33.*]</p> <p>2. Carriers (§ 30*)—Interstate Commerce Commission—Powers—Rates Subject to Regulation—“Through Route.”</p> <p>The Missouri Pacific Railway Company received ear loads of beer in St. Louis for transportation to Leadville, Colo., issuing receipts therefor showing contents, weight, destination, and consignee, and that the shipment was received subject to its uniform bill of lading, to be delivered to the consignee and routed over the line of the Denver & Rio Grande Railroad Company. At Pueblo. Colo., it turned the ears over to the latter company, which moved them to Leadville on a local waybill, showing the consignor and consignee and the rate and charge of each company. The two companies had no established joint rate between St. Louis and Leadvillo, lmt they constantly exchanged traffic between such points; each charging its own local rate to and from Pueblo. The total freight was coll