Edward Douglass White

“ Turning for the elucidation of the question to the jurisdictional provisions, it is plain that although all of the four numbered subdivisions composing the section may serve to throw light upon the issue for decision, the solution of the question must intrinsically be found in a correct interpretation of the second subdivision. We say this because clearly the first deals alone with cases for the enforcement of orders of the Commission as therein described ”

“ In providing ratings in this classification for articles in tank cars, the carriers whose tariffs are governed by this classification do not assume any obligation to furnish tank cars in cases where they do not own or have not made arrangements for supplying such equipment. When tank cars are furnished by shippers or owners, mileage at the rate of three quarters (3/4) of one cent per mile will be allowed for the use of such tank cars, loaded or empty, provided the cars are properly equipped. ”

“ No mileage will be allowed on cars switched at terminals nor for movement of cars under empty freight-car tariffs.↑ Rule 1.↑ Complainant avers that said order of said Interstate Commerce Commission, in dismissing its complaint as above set forth, is null and void and beyond the power of said Interstate Commerce Commission, in that it sustains the validity of rule 1 of said demurrage ”

“ Rep. 535; Robinson v. Baltimore & O. R. Co. 222 U.S. 506, 56 L. ed. 288, 32 Sup. Ct. Rep. 114; Southern R. Co. v. Reid, 222 U.S. 424, 56 L. ed. 257, 32 Sup. Ct. Rep. 140, and Texas & P. R. Co. v. Abilene Cotton Oil Co. ”