David Josiah Brewer

“ It may well be doubted whether a railroad company can rely, as evidence in its own behalf, upon a report made and filed by it, and while a report of the railroad commission to the governor may undoubtedly be used against it in an application made at its instance to secure compliance with one of its orders, yet there is little in its report which throws light upon the questions in these cases. ”

“ It appears that 16.43 per cent of all the local freight business of the company in Florida comes from the carrying of phosphates, and reference is made to several cases in which the courts have noticed the fact that the cost of moving local freight is greater than that of moving through freight, and the reasons for the difference. But evidently counsel misinterpret the order of the railroad commission. It does not fix the rate at 1 cent per ton per mile. ”

“ It simply provides that it shall not exceed 1 cent per ton per mile,-prescribes a maximum which may be reduced by the railway company, and, if distance demands a reduction, the company may and doubtless will make it. ”