Louis Brandeis

“ The pulp destined for the company may be part of a larger shipment. But the number of bales allotted to it are always delivered at Garfield; none may be diverted to any other customer; and no pulp is shipped to the broker for sale to purchasers, to be obtained while the pulp is in transit or after its arrival. Upon arrival of the pulp in Holboken, the broker gives to a terminal company the dock orders, specifying delivery of the required number of bales, and makes out the bills of lading for shipment from there to Garfield. ”

“ The findings of the commission, that the broker acts only as agent and that from the time that the pulp is put aboard the steamer there is a continuing intent that it should be transported to Garfield, ought to have been accepted by the District Court as conclusive, since there was ample evidence to sustain it. Western Paper Makers' Chemical Co. v. United States, 271 U.S. 268, 46 S.C.t. 500, 70 L. Ed. 941; Virginian Ry. Co. v. United States, 272 U.S. 658, 47 S.C.t. 222, 71 L. Ed. 463. The rail transportation is in fact a part of foreign commerce. ”

“ But the nature of the shipment is not dependent upon the question when or to whom the title passes. Pennsylvania R. R. Co. v. Clark Bros. Coal Min. Co., 238 U.S. 456, 465, 466, 35 S.C.t. 896, 59 L. Ed. 1406. It is deter mined by the essential character of the commerce. Baltimore & Ohio S. W. R. R. Co. ”