Joseph McKenna

“ The act as it was enacted in 1887 defined the term 'railroad' and the term 'transportation,' the latter as follows: 'And the term 'transportation' shall include all instrumentalities of shipment or carriage.' The definition was very comprehensive, and needed not the mobilization of its denotation; but this subsequently was attempted. Words, indeed, were multiplied-was meaning changed?
In 1906 the term 'transportation' was defined to 'include cars and other vehicles and all instrumentalities and facilities of shipment or carriage. . . ”

“ The authorities upon the first proposition we are not concerned to review. The duty, as far as this question is concerned, may be admitted,-certainly admitted in its general sense. But we need not pause to distinguish its application in the cases to special equipment as distinguished from common equipment, or how much the decisions were based upon the belief of the shipper, justified or encouraged by the railroads, that the equipment required would be furnished. ”

“ The testimony sought by the Commission was to expose and prevent what were supposed to be discriminatory practices, and the right to require the testimony depended, it was the effect of the decision, upon the relation of the Armour Company to the Armour Car Lines through the railroad, and whether what was paid to the Armour Car Lines was in effect paid to the Armour Company and made a means of discrimination. ”

“ Describing it, the Commission says:
'The bulk of the movement of refined oil is in tank cars owned by the shippers. In 1887 the Pennsylvania Railroad acquired 1,308 tank cars, some of which have subsequently been sold to independent refineries. Defendant now owns 499 tank cars, all that remain of those purchased in 1887, and 482 of which are furnished to shippers of oil located on its lines. The other railroads east of the Mississippi river own, in the aggregate, only 303 tank cars. ”

“ The purpose of the provision reviewed was declared to be the regulation of facilities possessed by the carrier, that there should be no unjust discrimination, and the plain intent to be that the shipper should not be required to deal with any other than the carrier. ”

“ Are they not a 'method and manner of presenting, marking, packing, and delivering property for transportation,' to use the language of § 1, as amended?
It is difficult to particularize all that the ruling of the Commission implies of power. What of omission or commission in the carrier's relation to the public may not be said to be a practice or practices in the broad sense attempted to be given to those words? A railroad's powers are its duties, bearing, of course, obligations ”

“ The second purpose is sought to be accomplished by enlarging the definition of the term 'transportation,' so as to include the charges for various services, such as refrigeration and the like, which are now claimed to be beyond our authority. The obligation to furnish and provide the services here referred to is also imposed, which is likewise a point now in dispute. No other changes are proposed in the first five sections of the act, which are commonly spoken of as containing its principal or substantive provisions. ”

“ We are unable to assent.
The railroad company in its answer to the petition before the Interstate Commerce Commission alleged that rule 29 of the official classification No. 39, providing rates for articles in tank cars, stated that the carriers whose tariffs were covered by such classification did not assume any obligation to furnish tank cars. ”

“ What others there are neither the record nor the argument has given us information, nor the extent of their specialization. However, the information is not needed. The facts of the present case illustrate the condition of the carriers of the country. ”

“ It is next contended by the United States that the railroad has held itself out specifically to carry oil in tank cars, and the fact, it is said, has been found by the Commission and is not reviewable, citing United States v. ”