Joseph McKenna

“ Every corporation owning a railroad in use shall, at reasonable times and for a reasonable compensation, draw over the same the merchandise and cars of any other corporation or individual having connecting tracks; providing such cars are of the proper gauge, are in good running order, and equipped as required by law, and otherwise safe for transportation, and properly loaded ”

“ If the establishment of track connections by intersecting roads, with the necessary accessories of sidings and switches, be required, and acceptance and delivery of loaded cars as a convenience of transportation, surely team tracks and sidings in Detroit and the delivery and acceptance of loaded cars are as much so. ”

“ Provided, precedence may be given to live stock and perishable property. Nothing in this act shall be construed as requiring any railroad to give the use of its tracks or terminal facilities to another railroad engaged in like business. Any person or any officer or agent of any corporation or company who shall deliver property for transportation to any common carrier subject to the provisions of this act shall have the right and privilege of routing such shipments, and of prescribing and directing over what connecting line property so shipped shall be transported. ”

“ Provided further, if the corporations cannot agree upon the times at which the cars shall be drawn, or the compensation to be paid, the said commission shall, upon petition of either party and notice to the other, after hearing the parties interested, determine the rate of compensation and fix such other periods, having reference to the convenience and interests of the corporation or corporations and the public to be accommodated thereby, and the award of the commission shall be binding upon the respective corporations interested therein until the same shall have been revised. ”

“ The duty of a carrier to accept goods tendered at its station does not extend to the acceptance of cars offered to it at an arbitrary point near its terminus by a competing road for the purpose of reaching and using its terminal station. ”

“ In its answer before the State Railroad Commission it alleged that to construct a connecting track would require it to go outside of its right of way and to condemn that to compel such connection would violate the commerce clause of the Constitution late the commerce clause of the Constitution and the 14th Amendment. The Commission directed the connection to be made, and its order was affirmed by the local state court to which an appeal was taken, as provided by the statute. ”

“ If a judicial interference is sought with the exercise of such power, it must be clearly shown to have been transcended, not left as a conclusion from the balancing of conflicting affidavits, or even, it may be, as held by the district court, on ex parte affidavits. ”

“ Appellants, it is urged further, are not responsible for cars placed on such tracks, nor are appellants required to police them. Team tracks are laid upon the ground acquired by appellants and were constructed and are maintained by them. The latter, therefore, are distinctly accessories or facilities in the receipt and delivery of freight in transportation, both within and to and from points outside of the city. The industrial sidings have, it may be said, more special character. ”

“ Subsequently to the making of such order the Grand Trunk System published a new tariff, to be effective March 16, 1912, naming a rate of $5 between industrial tracks, and a like rate between junction points with connecting carriers, within the switching district of Detroit, and industrial tracks within the said limits; $8 between junction points with other railroad companies, within said limits, and team tracks within said limits; and $8 between team tracks on the railway's own lines. The tariff was duly filed with the Commission and with the Interstate Commerce Commission. ”