Louis Brandeis

“ The statute requires the shipper to disclose the 'real value' of the shipment, and requires the carrier to collect the 'real value' rate. Darden paid the rate which, by the tariff, was made applicable only to horses valued at not more than $100 each. The shipping contract recited that the declared value of each horse was $100. To that contract was attached a notice that the shipper 'must state the actual value of the shipment, which value must be inserted in the contract.' The form of this contract and notice were filed as part of the tariff. ”

“ The tariff rate for shipping a carload of horses valued at $100 each was $165. This rate was named to Darden by the Express Company's agent, that amount was paid, and the company's so-called nonnegotiable live stock contract, prepared by it, recited that the value of the horses were declared by the shipper to be $100 each. The horses were in fact race horses, and were of much greater value than the sum named. ”

“ Gold Hunter Mining Co. v. Director General, 63 Interst. Com. Com'n Rep. 234, 241; Domestic Bills of Lading and Live Stock Contract, 64 Interst. Com. Com'n Rep. 357, 361; Industrial Alcohol Co. v. Director General, 68 Interst. Com. ”