James Clark McReynolds

“ What liability did the carrier incur by publishing a rate from Pecos lower than the scheduled one from Roswell without the Commission's permission, and thereafter imposing and collecting the higher rate upon the shipment to Walla Walla?
Construing the words of section 4 literally, it is argued that unless some property moved over the longer distance at the lower rate before greater compensation was charged for transporting like property over a shorter one, there was no violation of law. We cannot accept this view. ”

“ During all of January, 1919, the initial carrier's published schedule specified $1,515 per 100 pounds as the rate for transporting alfalfa seed from Pecos to Walla Walla, through Roswell and Denver, and no application had been made to the Interstate Commerce Commission for permission to charge less for the longer than for the shorter haul. The seed company demanded judgment for the excess above the Pecos rate, as an overcharge illegally exacted and recoverable as money had and received. ”

“ The measure of damages was the pecuniary loss inflicted on the plaintiff as the result of the rebate paid. Those damages might be the same as the rebate, or less than the rebate, or many times greater than the rebate ”

“ On the contrary, and in answer to the argument that damages might be a cover for rebates, the Act of June 18, 1910 (36 Stat. 539, c. 309) , provided that where a carrier misquotes a rate it should pay a penalty of $250, not to the shipper, but to the government, recoverable by a civil action brought by the United States. 35 Stat. 166 ”

“ Therefore, the published Roswell rate being unlawful, nonexistent indeed, the Pecos rate became the only one in force. United States v. Louisville & Nashville R. R. Co., 235 U.S. 314, 322, 323, 35 Sup. Ct. 113, 59 L. Ed. 245, is relied upon, and it is said that the opinion there interprets the long and short haul clause as 'absolutely prohibiting the existence' of higher rates for shorter hauls unless approved by the Commission. Read with the real issue in mind the opinion gives no support to respondent's argument. ”

“ Provided, that if the offense for which any person shall be convicted as aforesaid shall be an unlawful discrimination in rates, fares, or charges for the transportation of passengers or property, * * * such person shall, in addition to the fine hereinbefore provided for, be liable to imprisonment in the penitentiary for a term of not exceeding two years, or both such fine and imprisonment in the discretion of the court.' Comp. ”