“ It is put in in order to protect a shipper on a long haul. For instance, a shipment coming from . . . points out of Kansas, where there is no through rate published, . . . we accept it from the connecting line and bill it out then on a proportional rate, which is less than the local tariff rate. ”

“ A. That tariff would apply on grain coming into Kansas City on any railroad in America [and bound] to Texarkana. . . .
Q. You say it would apply on grain coming into Kansas City from any point in the world? Yes, sir, any place in America.
This testimony, bearing upon the meaning of the proportional rate schedules, was not in any way contradicted.
It was not shown whether those schedules were sanctioned by the other railroads over which the haul, when there was such, from the common points to the garnishee's road, was to be made ”

“ The chief purpose of the act was to secure uniformity of treatment to all, to suppress unjust discriminations and undue preferences, and to prevent special and secret agreements in respect of rates for interstate transportation, and to that end to require that such rates be established in a manner calculated to give them publicity, to make them inflexible while in force, and to cause them to be unalterable save in the mode prescribed. ”

“ As explaining a proportional rate and indicating the correct application of the one just named, F. M. King, an experienced station agent of the garnishee, testified:
Q. I will ask if you know whether or not the words 'proportional rates,' have a well-defined and understood meaning in railroad business and on the Kansas City Southern.
A. They have; yes, sir.
Q. Now, just tell briefly what those terms mean, those words 'proportional rates,' if you know.
A. A proportional rate is a rate put in to cover business . . . ”

“ The trial court sustained the plaintiff's position, made a general finding in its favor, and entered judgment thereon against the garnishee. The supreme court of the state affirmed the finding and judgment (79 Kan. 59, 99 Pac. 819) , and this writ of error was then allowed.
Consideration must first be given to a motion to dismiss, advanced upon two grounds: (1) That no right or immunity under a statute of the United States was 'specially set up or claimed,' within the meaning of Rev. Stat. § 709, U.S.C.omp. Stat. ”

“ The garnishee was operating a railroad extending from Kansas City, Missouri, to Texarkana, Texas. Another railroad, which will be spoken of as the northern line, connected with it at Kansas City and extended northward to Omaha, Nebraska. Forrester Brothers were buyers and sellers of grain, with offices at St. ”