Louis Brandeis

“ It cannot be said that a charge for detention of a private car and use of a railroad track under such circumstance is unreasonable. Even before the adoption of the Uniform Demurrage Code such a charge had been upheld by the Interstate Commerce Commission. Cudahy Packing Co. v. Chicago & N. W. R. Co. 12 Inters. Com. Rep. 446. Defendant's argument was based wholly upon the assumption that the switch was a 'private track;' and the propriety of such a charge for cars detained on a public track seems not to have been questioned. ”

“ The supreme court of Ohio assumed the track in question to be a 'private track,' as stipulated by the parties, and declared that 'demurrage rules relating to private cars employed in interstate commerce and the charges assessable thereunder are matters properly included in the tariff or schedule required to be filed and published. ”

“ The 'license' recites, among other things, the licensee's desire 'to occupy a track of ground belonging to the Railway Company . . . for the purpose of maintaining thereon a warehouse and office . . . ”