584 APPENDIX. 



may be prejudicial to the large towns, which before had been specially favored. 



115. A carrier is not compellable by law to give to the merchants of a town 

 on its line the privilege of shipping their goods from the point of purchase to 

 their own locality, and again fron^thence to the place at which the goods may 

 be sold by them, at the s'ame rate which would have been charged had there 

 been but one shipment from the point of purchase to the point of ultimate 

 delivery. 



116. The fact that a refusal to give the through rate as for one shipment 

 operates prejudicially to the town desiring the privilege and favorably to 

 another, does not make the refusal operate as unjust discrimination when the 

 carrier applies the same rule to all towns and accords the privilege to none. 



129. As a rule, in the transportation of freights by railroads, while the 

 aggregate charge is continually increasing the further the freight is carried, the 

 rate per ton per mile is constantly growing less all the time, making the aggre- 

 gate charge less in proportion every hundred miles after the first, arising out of 

 the character and nature of the service performed, and the cost of the charges 

 of this mode of transportation from and to the most distant portions of the 

 country. 



130. The act to regulate commerce, so far from throwing hampering restric- 

 tions or obstacles in the way of the operation of this salutary rule, gives it all 

 the benefit and aid of its sanction and safeguards by providing that the carrier 

 shall be entitled to receive a reasonable compensation for the service performed 

 upon open published rates, against which no competitor can take advantage by 

 allowing shippers secret rebates and drawbacks in order to get the business. 



137. A railroad company, chartered by the state of Tennessee, owns a short 

 road wholly in that state, but has never owned any rolling stock nor operated 

 its road. The road was used and operated as a means of conducting inter- 

 state traffic in coal by companies owning connecting interstate roads. Held, 

 that the short road thus used is one of the facilities and instrumentalities of 

 interstate commerce, and the carriers using it are subject to the provisions of 

 the act to regulate commerce. 



143. "When two methods for the transportation of an article of merchandise 

 are nominally ofiered by the carrier, for only one of which it ofl'ers rolling 

 stock, and for the other of which the shipper must supply his own rolling 

 stock at considerable expense, it can not be said that the resort to the latter by 

 the shipper is so far a matter of choice that he has no concern with the charges 

 for transportation in the other mode. The man of small means compelled to 

 make this choice by reason of the carrier's failure to supply rolling stock for 

 the other mode, has a right to insist that the charges by transportation in the 

 two modes shall be relatively just and equal. 



144. When oil is transported in tanks permanently affixed to car bodies, 

 the tank is to be considered as part of the car ; and for oil transported 

 therein the charge for transportation should be the same for the hundred pounds 

 that the carrier charges for transportation between the same points of barrels 

 filled with like oil and taken in car-load lots. The carrier is guilty of unjust 

 discrimination if the shipper in barrels is charged a higher rate. 



145. Neither the fact that the shipper in "the one case supplies the rolling 

 stock, nor the alleged fact, which is not found sustained, that for the tanks 

 there is a greater probability of return loads, nor the further alleged fact 

 that with barrel shipments there are greater risks to the carrier's property and 

 that which it carries, can justify imposing upon the barrel shipments the 

 greater burden. 



149. Regular patrons are not entitled to preference in the use of equipment 

 of commoncarriers ; the public must be justly and equally served. 



151. Selection of either goods or customers is forbidden to common carriers; 

 less desirable traffic which is ordinarily the subject of transportation and not 

 dangerous to handle, must be accepted upon reasonable terms as well as that 

 which is more desirable. 



