Joseph McKenna

“ A contention, however, is made that was not made in No. 134; that is, that—
'Under the Interstate Commerce Law the final carrier (appellant was final carrier of the transportation with which this case is concerned) is not only empowered to collect the through charge, but is burdened with the duty and obligation of collecting the full published tariff rate and is powerless to relieve or release a shipper or consignee from any part of the same.'
The further contention is that within this obligation is the property in the pending case. ”

“ It is not shown that at any time during this entire period he ever questioned the application of land-grant rates to such transportation or protested any settlements on that account, but all bills rendered by him, except as stated, were rendered at land-grant rates, and when so rendered he did not expect any further compensation and never expected compensation at other than land-grant rates until after the decision of the Chicago, Milwaukee and St. ”

“ The conclusion of the court was, and its decision was, that appellant was entitled to judgment for the sum of $851.78 and that as to the other amounts its petition should be dismissed. For this the court gave as authority its decision in the Denver & Rio Grande R. R. Co. v. United States, No. ”