David Josiah Brewer

“ By the state act the bill of lading is made controlling as to the rate collectible, and a failure to comply with that requirement exposes the delinquent carrier to its penalties, while the national statute ignores the bill of lading, and makes the published tariff rate binding, and subjects the offender-both carrier and agent-to severe penalties. The carrier cannot obey one statute without sometimes exposing itself to the penalties prescribed by the other. ”

“ By section 6, every common carrier subject to the provisions of the act (and all railroads carrying interestate freight are subject to such provisions) is, for the inspection and information of the public, required to print, and publicly post at each station upon its routes, the schedules of fares and rates for carriage of passengers and property thereon. ”

“ It will be perceived that the two statutes do not conflict, do not prescribe different rules, and only in a very general sense can be said to be in relation to the same subject-matter. It was held that the state statute was simply a police regulation. ”