ArPEXDIX. 



587 



tional burden, the preference becomes undue and unreasonable, unless it can be 

 justitied upon some sound und substantial ground. 



266. Common carriers are under obligations to take all descriptions of ordi- 

 nary traffic from all points, and it is right that the rates should be known and 

 announced publicly in advance of the oflering of traffic. 



267. Under the act to regulate commerce, sliippers are not to be put in a 

 position of subserviency to common carriers, nor required to ask for rates, but 

 are entitled to e(jual and open rates at all times. 



268. Discriminations are made and undue advantages are given by the 

 special tariifs in question, in giving different rates to places named and those 

 not named; to manufactured articles named and those not named; to jobbers at 

 places named and those not named; to manufacturers and to jobbers and 

 other dealers. 



271. There is nothing illegal or wrongful in a railroad company making a 

 rate for immigrants as a class, and declining to give the same rate to others for 

 whom different accommodations are furnished. 



276. Free transportation issued in the -form of an annual pass to a person 

 not in'the regular and stated service of the carrier, nor receiving any wages 

 or salary under a contract of employment, but requested by him as compen- 

 sation for throwing in its way what business he conveniently could, held to 

 be illegal. . i ■ , 



277. In deciding a case against one or more carriers who are charged with 

 making rates which are unjustly discriminating in a certain line of traffic, the 

 decision made upon the facts of the particular case does not necessarily govern 

 rates in other sections of the country where the facts bearing upon them may be 

 altogether different. 



292. A passenger-rate war, in which rates were repeatedly reduced by sev- 

 eral competing lines to an exceedingly low basis on a particular class of traffic, 

 without any filing of tariff's, was contrary to the requirements of law, as well as 

 against the true interest of each party thereto. 



293. Keductions in competitive passenger rates can not_ legally be made 

 without at the same time reducing intermediate rates, as required by the fourth 

 section of the act. , . ■, . -a j 



294. No necessity or compulsion is created by a war of rates which justified 

 disobedience of the statute. 



295. The employment of ticket brokers and scalpers for the sale of railroad 

 tickets "placed in their hands to be disposed of at reduced rates under the pre- 

 tense of paying commissions thereon, held illegal. 



296. Kates lower than the established tariff' are prohibited by law. 



297*. Kates obtained from ticket brokers lower than those off'ered at the 

 reo-ular offices of the company effect unjust discrimination. 



°307. The rate of thirtv and one-half cents per one hundred pounds on wheat, 

 flour and mill stuffs from Minneapolis via ililwaukee to New York and com- 

 mon'billing points, established by the defendants and their connecting lines, 

 February f , 1888, was a through rate. 



308. The percentage amounting to twenty-five cents per one hundred 

 pounds, received by the defendants and their connecting lines east of Mil- 

 waukee' as their proportion of this through rate on shipments from Minneapolis 

 and points west of Milwaukee, and between Milwaukee and Minneapolis while 

 the defendants charge twenty-five and one-half cents per one hundred pounds 

 on the same class of freight originating at Milwaukee and transported over 

 their lines and connecting lines to eastern points, was not an unjust discrimi- 

 nation against Milwaukee, nor did it injure the business of Milwaukee, nor 

 was it a violation of the act to regulate commerce approved February 4, 1887. 

 312. Through rates, like any other agreements that parties competent to 

 contract may make, admit of very great variety in the forms they assume; and 

 such rates, when reasonable and fairly adjusted, in their relations to local 

 business, a're greatly favored in the law because they furnish cheapened rates 

 and greater fa^cilities to the public, while at the same time they give increased 

 employment and earnings to a larger number of carriers. 



