Mahlon Pitney

“ Because the final decrees of May 11, 1911, discharging the injunction bonds, and releasing the makers thereof from liability had the effect to relieve the railways and their sureties from all liability by reason of the granting of the injunctions; and (2) as to such claims for overcharges as accrued subsequent to the date of the final decrees, on the ground that upon the rendition of those decrees the injunction bonds ceased to be operative and created no further liability, and that the railways incurred no liability to the claimants under the final decrees. ”

“ If there was-not in the least intimating that there was-undue discrimination as against small shippers or those who had no occasion to obtain transportation for the manufactured product over the line of the same carrier, this was not a matter of which the railways could complain. It is most thoroughly established that before one may be heard to strike down state legislation upon the ground of its repugnancy to the federal Constitution he must bring himself within the class affected by the unconstitutional feature. ”

“ The provisions of the Judicial Code which regulate the jurisdiction of the Circuit Court of Appeals originated in section 6 of the act of 1891. They must be construed together with those provisions of law that confer upon the District Court (section 24, Judicial Code [Comp. St. § 991] ) , and formerly conferred upon the Circuit Court, original jurisdiction in suits of a civil nature arising under the Constitution or laws of the United States, and in suits between citizens of different states. ”

“ The railway companies excepted to the allowance in favor of each of these appellants upon the ground that the 'rough material rates' were discriminatory against shippers who did not reship the specified percentages of the finished product. As to the Hasty claim, there was an additional exception based upon the ground that the movement of rough material to milling points in the state and the subsequent forwarding of the finished product to market points outside of the state constituted interstate commerce, so that the rough material rates prescribed by the state commission were not applicable. ”

“ The exceptions sustained by the District Court to the claims of the Arkadelphia Milling Co. and Hasty & Sons having been found to be untenable, it results that these claims should be allowed as against the railway companies and their sureties, so far as they arose before the final decrees, and as against the railway companies only, so far as they arose after the final decrees. ”

“ We deal first with so much of the overcharges as accrued prior to the final decrees. In St. Louis, Iron Mountain & Southern Ry. Co. v. McKnight, 244 U.S. 368, 373, 37 Sup. Ct. 611, 61 L. Ed. 1200, doubt was expressed whether, in view of the form of the mandate, there was any power in the District Court to determine the liability of the railway companies upon the bonds. But at that time our attention was not called to the fact that the mandates contained a provision authorizing further proceedings-a provision that removes all question of the power of the District Court. ”

“ Full answers having been filed by the Railroad Commission, and testimony having been taken, the cases were brought on to final hearing, and on May 11, 1911, final decrees were made, the same in both cases. They enjoined the commissioners and their successors, the individual shippers named as defendants, and all other patrons of the road in the shipment of freight between stations in the state of Arkansas, from enforcing or attempting to enforce any of the provisions of the freight tariff in question. ”

“ The purchaser uses them in making barrels, casks, etc. The wastings in the finishing of said articles from the rough material were eigher disposed of for firewood, or destroyed. When the rough material left the woods, a bill of lading was issued from the woods to the mill. ”