United States v. Illinois Terminal R.

Citations

• 168 F. 546
• 1909 U.S. Dist. LEXIS 364

Syllabus

<p>1. Cabriers (§ 37*) — Rates—Publication.</p> <p>Effective railroad regulation must begin with publicity of rates. The penalty for failure on the part of any carrier subject to the act to regulate commerce (Act Feb. 4, 1887, c. 104, 24 Stat. 379 [U. S. Comp. St. 1901, p. 3154]) to publish and file its rates is as severe as the penalty for failure to strictly observe such rates after filing.</p> <p>[Ed. Note. — For other cases, see Carriers, Cent. Dig. § 95; Dec. Dig. § 37.*]</p> <p>2. Commerce (§ 34*) — Regulation oe Rates — Interstate Commerce.</p> <p>The line of the defendant railway is entirely within the state of Illinois. The defendant is, however, engaged in the transportation of property moving wholly by railroad from one state to another state. It is, , therefore, as much subject to the act to regulate commerce (Act Feb. 4, 1887,' c.' 104, 24 Stat. 379 [U. S. Comp. St. 1901, p. 3154]) as it would be if it owned and operated a railway connecting the points in different states between which moved the commodities mentioned in the indictment.</p> <p>[Ed. Note. — For other cases, see Commerce, Cent. Dig. § 82; Dee. Dig. § 34.*]</p> <p>3. Carriers (§ 38*) — Transportation — Interstate Commerce — Failure to File Rates.</p> <p>By the amendment of June 29, 1906, e. 3591, 34 Stat. 584 (U. S. Comp. St. Supp. 1907, p. 892), transportation by rail of property moving in interstate commerce by a carrier which has not filed its rates for such service is a misdemeanor.</p> <p>[Ed. Note. — For other eases, see Carriers, Cent. Dig. § 96; Dec. Dig. § 38.*]</p> <p>(Syllabus by the Court.)</p>