Joseph Rucker Lamar

“ When the hay was received by the purchaser at Buffalo, there was such an acceptance as to transfer title to the railroad, which accordingly took possession and exercised control in fixing when and to what point on its line the hay should be shipped. Title prima facie passes when delivery is made, and if such possession, followed by acts of ownership, did not transfer the title to the railroad company, it left the risk of unknown dangers, at unknown points, for an indefinite time, upon the seller. ”

“ Both classes of transportation are within the purview of the evil to be corrected, and therefore subject to the power of Congress to regulate interstate commerce. The exercise of that power is, of course, limited by the provisions of the 5th Amendment. ”

“ The Delaware, Lackawanna, & Western Railroad Company was indicted for hauling, over its lines, between Buffalo, New York, and Scranton, Pennsylvania, twenty carloads of hay, belonging to the company, but not necessary for its use as a common carrier. This transportation was charged to be in violation of the commodity clause of the Hepburn act (34 Stat. at L. 585, chap. 3591, U.S.C.omp. Stat. Supp. 1911, p. 1287) , which makes it unlawful 'for any railroad company to transport [in interstate commerce] any article . . . it may own . ”