Joseph Rucker Lamar

“ The commerce act prohibits the payment of rebates, and its command cannot be evaded by calling them differentials or concessions, nor by taking the money from the railroad itself or from a company that is proved to be the same as the railroad. Otherwise nothing would be easier than for lumber companies to charter a railroad, collect freight as a railroad, but pay it out as a lumber company to shippers. ”

“ The suit in the present case proceeds on the theory that the Fourche Lumber Company and the Fourche Railroad are the same, and that therefore the division of the through rate allowed to the railroad was in fact received and enjoyed by the lumber company. And yet, notwithstanding that fact, it is claimed that if the Fourche Lumber Company should, under the contract, pay a part of that freight to the Bryant Company, it would do so as a sawmill, and not as a carrier. The law will not permit such a chameleon-like change. ”

“ Ct. Rep. 265; United States v. Lehigh Valley R. Co. 220 U.S. 257, 55 L. ed. 458, 31 Sup. Ct. Rep. 387; United States v. Union Stock Yards & T. Co. 226 U.S. 287, 308, 57 L. ed. --, 33 Sup. Ct. Rep. 83. ”