Harlan F. Stone

“ Performance necessarily involves the continued designation in the filed tariffs of the Columbia Terminal Company's places of business as the 'off track' stations specified in the contract, and the continued exclusive employment of that company to render the stipulated service; both matters within the jurisdiction of the Commission. True, a contract may precede and have existence apart from the several acts required to perform it, and conceivably all of those acts might be done if no contract or agreement to perform them had ever existed. ”

“ By paragraph 3 of section 3 of the act (section 3, par. (3) , tit. 49 USCA) , rail carriers subject to it are required to afford all 'reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers or property to and from their several lines and those connecting therewith.' 'Reasonable, proper, and equal facilities' include not only trackage, but all other terminal facilities, all of which are brought under jurisdiction of the Commission. ”

“ Section 6 (1) (section 6 (1) , tit. 49, USCA) requires every rail carrier to file schedules of rates applicable between different points on its own route and between points on its own route and on that of any other carrier when a through route has been established. ”