United States v. Pennsylvania R.

Citations

• 153 F. 625
• 1907 U.S. Dist. LEXIS 295

Syllabus

<p>1. Carriers — Discrimination—Indictment—Joint Rates — Filing.</p> <p>Where in a prosecution against a carrier for discrimination iu violation of the Interstate Commerce Law, Act Feb. 4, 1887, c. 104, § 6, 24 Stat. 380 LU. S. Comp. St. 1901, p. 31581, the indictment alleged that a common arrangement existed between defendant and three other connecting carriers named for a continuous forwarding of property, in interstate commerce, between two specified points, and that defendant kept open for public inspection its printed tariff of rates, and filed the same as required by law, with the allegation that the shipment in question was accompanied by written shipping orders, waybills, and transfer slips showing a continuous shipment between such points, it sufficiently charged the establishment of a joint tariff of rates for the commodity in question, without alleging that all the connecting carriers concurred in such joint rate, or that it was filed with the interstate commerce commission by their joint action.</p> <p>2. Same — Joint Rate — Departure.</p> <p>Where a tariff has been established on a commodity for a through interstate shipment, as provided by Interstate Commerce Law, Act Feb. 4, 1887, c. 104, § 6, 24 Stat. 380 [II. S. Comp. St. 3901, p. 3158],, there can be no departure therefrom unless made according to law.</p> <p>8. Same — Different Routes.</p> <p>Interstate Commerce Law, Act Feb. 4, 3887, c. 104, § 6, 24 Stat. 380 [U. S. Comp. St. 1901, p. 3158], declares that it shall be unlawful for any common carrier, party to any joint tariff, to charge or receive a greater or less compensation for the transportation of persons or property or for any services in connection therewith, between any points as to which a joint rate is named thereon than specified in the schedule filed by the commission in force at the time. Held, that the words “between two points” did not limit such section to points on the established route, but that the section prohibited the transp