586 APPENDIX. 



shorter and competing line with his own, these are circumstances and con- 

 ditions under the operation of the statute which justify him in adopting such 

 exceptional rates thus forced upon him on this portion of his line. 



196. The difference between the cost of service by which the local business 

 of this railroad and its through business is done relatively, examined and con- 

 sidered by the commissioner so far as they are involved in this proceeding. 



197. Comparison of rates charged by railroad companies under circum- 

 stances and conditions substantially dissimilar, really prove nothing, and can 

 not be adopted as standards in arriving at the reasonableness and justness 

 of rate. 



198. Exceptional cases of rates made lower than other rates by a carrier on 

 one portion of its line, by the action of a competitor, and in which it is without 

 fault itself, under the operation of the act to regulate commerce, can not be 

 adopted as the standard as to other rates upon a far-distant portion of its line, 

 where no such exceptional conditions exist, and the reasonableness of its rate 

 must be determined by altogether ditferent considerations. 



209. Assurances made by a carrier that if one will locate in business on the 

 line of its road his property shall be taken for transportation as belonging to a 

 specified class, can not bind the carrier so as to compel a classification accord- 

 ingly. A right to special rates can not be made out in that way; the classi- 

 fication must have the same construction in favor of all persons; the law 

 requires uniformity and impartiality in the dealings of a carrier with all 

 persons. 



245. A leading purpose of the act to regulate commerce is to .prevent the 

 giving of unjust preferences and advantages as between localities, in railroad 

 transportation. This purpose would be defeated if any one carrier, by making 

 unreasonably low rates to any locality, would thereby entitle all other carriers 

 competing with it to make on their lines greater charges upon the shorter hauls 

 to other stations than were made over the same line in the same direction to the 

 locality thus favored. 



253. The existing arrangements by which the same rate is charged for the 

 transportation of milk from all points reached by the regular daily milk trains 

 of the defendant roads found to be not illegal, and, on the whole, to be the best 

 system that can be devised for the general good of all interested parties. 



257. Where, on a question of rates, it appears that higher rates are made 

 upon the shorter hauls on the same line and in the same direction, the carrier 

 making them must take the burden of proof to show their reasonableness. 



259. The offense, under section 2 of the act to regulate commerce, of giving 

 free transportation to an individual, consists in the charging, demanding, col- 

 lecting, or receiving by the carrier from some other person or persons a com- 

 pensation for a like service, when none is contemporaneously charged or received 

 from the persons thus transported free. 



261. When freight — for example, grain — is hauled to the seaboard for 

 export, or to New England points, from the northwestern states and territo- 

 ries of the American "Union; or when freight is hauled from the seaboard or 

 New England points to the northwestern states or territories through the cities 

 of Detroit and Chicago, the rule invoked by the petitioners in this case as a 

 basis of relief, namely, that an estimate portion of this through rate as be- 

 tween the points of origin of the freight and Detroit must not be lower in pro- 

 portion to distance than the rate upon the freight from such points of origin 

 destined to Detroit, is one that can not be sustained. 



262. Eates must be relatively fair and reasonable as between localities in 

 essential respects similarly situated, not according to any rule of mathematical 

 precision, but, in substance and in fact, having regard to the geographical and 

 relative positions of the localities, so that one will not be favored to the unjust 

 prejudice of the other. 



265. A tariff naming a rate from one locality lower than that enjoyed by its 

 neighbor, wlien the circumstances are the same, tenders a preference oi--advan- 

 tage to the lirst; and when any shipper is damaged by the exaction of an addi- 



