Louis Brandeis

“ The limitation upon the power in respect to a 'carrier by railroad' is imposed by paragraph 4. The language which embodies this limitation is not appropriate to describe the situation of an express company. It is that the Commission may not compel the carrier to embrace in the through route 'substantially less than the entire length of its railroad and of any intermediate railroad operated in conjunction and under a common management or control therewith, which lies between the termini of such proposed through route, unless * * *.' An express company has no railroad. ”

“ The existence of a competitive route ordinarily implies an option in the shipper. To give him the privilege of directing the routing is a corollary of the establishment of competitive routes. Upon shippers of railroad freight this right was expressly conferred by Congress, in paragraph 8 of section 15, subject only 'to such reasonable exceptions and regulations' as the Commission may prescribe. ”

“ Moreover, the language of paragraph 4 describes aptly a single railroad system, but not a system of express routes extending over many separate railroad systems. Practically every express company has had, as the American has now, routes over many separate railroad system. ”

“ For it would deprive the Commission of power to foster the competition found necessary to secure such service. There is nothing in Transportation Act 1920 which evinces in intention on the part of Congress to accomplish such a purpose.
The natural meaning of the term 'carrier by railroad' is one who operates a railroad, not one whose shipments are carried by a railroad. ”

“ These are called common points. A larger number in those states are served only by one of the companies. These are called exclusive points. Except in the Southeastern States, practically all railroad express offices in the United States are exclusive points of the American.
The Southeastern sought to have the American agree with it to establish through routes and joint rates between all points served by them respectively, whether common points or exclusive, and to permit the shipper to give the routing instruction. ”

“ There the objection upon which the appellee relied was one of venue. The District Court overruled it, and then dismissed the bill on the merits. An objection to venue can be waived at any stage of the proceeding. ”

“ Interstate Commerce Commission, 200 U.S. 536, 553, 26 Sup. Ct. 330, 50 L. Ed. 585. The amendment by Act June 29, 1906, c. 3591, § 4, 34 State. 584, 590 (Comp. St. § 8583) , conferred power to do so 'when that may be necessary to give effect to any provision of this act, and the carriers complained of have refused or neglected to voluntarily establish such through routes and joint rates, provided no reasonable or satisfactory through route exists.' The amendment byAct June 18, 1910, c. ”