James Clark McReynolds

“ After a full hearing and investigation the Railroad Commission of Louisiana, on August 8, 1903, promulgated the following, known as order No. 295:
'No railroad company operating in the state of Louisiana shall refuse or decline to switch cars for any other railroad with which it connects, or any shipper or consignee, at rates approved or established by the commission, whether such cars are to be loaded with freight to be shipped out of the state, or are loaded with freight shipped into the state. ”

“ The record discloses no further action by either party until April, 1913, when a rather meager and unsatisfactory agreed statement of facts was filed. The trial court dismissed the bill without prejudice,-January, 1914,-saying that the questions involved had been indirectly decided by this court in Grand Trunk R. Co. ”

“ These are essential to the proper conduct of its large interstate and foreign business; and when it brings freight there the cars are placed on its various switch tracks, to be unloaded by the consignees. At New Orleans physical connections exist between appellant's tracks and the lines of competitive railroads leading therefrom to many states; if order No. 295 is enforced, its switch tracks will be subjected to use by such railroads; more cars will pass over them ”