“ The lease from the city to the Railway is not in the printed transcript, but the substance of the ordinance authorizing it is stated. It granted authority to construct, maintain, and operate tracks upon land of which a considerable part constituted a public wharf. If the stipulated rental is less than the fair annual value of the property it is to be presumed that the grant of the excess was to the public, not to the private interest of the Railway. ”

“ If the plant and weighing movements-all of the former and three-fourths of the latter being performed for the Brewery-were charged at (say) $2.50 per car instead of the rates voluntarily adopted, the gain of revenue would be more than $10,000-approximately 1 per cent. upon the entire $1,057,915.02.
The evidence submitted upon the issue of confiscation suggests other questions that need not be discussed or even mentioned; but we must not be understood as accepting what we have not particularly criticized. It is sufficient to say there is a failure to prove that the rate is unremunerative. ”

“ Besides, the rate may be compared with $3 per car charged by the Terminal for similar services, $2 per car fixed by city ordinance as the Railway's maximum charge for local shipments between any points on its line, the charge of $1 per car voluntarily established by the Railway for intra-plant movements, 25 cents per car for weighing movements, and the special charge of $1 per car on limited liability, obtaining between the Railway and the Cotton Belt and offered to other carriers. The evidential effect of the Railway's voluntary action is obvious. ”

“ But this clause of section 15, by the fair import of its terms, imposes upon the carrier the burden of proving the new rate to be just and reasonable, only where that question is involved in the hearing; it does not call for proof as to matters not in controversy. As the Commission pointed out in its several reports (21 I. C. C. 308; 28 I. C. C. 100, 101, 103, 105, 110; 32 I. C. C. 102, 105) , the complaint was not directed to the reasonableness of the separate rates either of the Railway (one of the complainants) or of the trunk lines. ”

“ The scope of the order of July 10, 1914, under I. C. C. Docket No. 3151, is simple and limited; the grounds of attack upon it are many and diverse, and based rather upon what it does not, than upon what it does, require to be done. As is pointed out in the prefatory statement, the complaint before the Commission was made by the Railway, the Brewery, and certain other shippers served by the Railway. The respondents were the trunk lines. ”

“ The Railway holds under lease from the Brewery all the lands occupied by its tracks and certain tracks owned by the Brewery within what is described as the 'Brewery Zone,' bounded by Lynch Street on the north, First street on the east, Utah Street on the south, and Thirteenth Street on the west, the rental being $24,000 per annum, and the lease having seventeen years to run from January 1, 1915. ”

“ The complaint charged that the then recent tariff cancellations were in effect a refusal to continue through routes and joint rates from and to points on the line of the Railway; alleged that this constituted unreasonable discrimination between shippers on the line of the Railway and other shippers in the city of St. Louis, and subjected the former to undue prejudice and disadvantage, contrary to section 3 of the Commerce Act (24 Stat. 379, 380, c. 104) ”

“ Moreover, upon the second hearing before the Commission (January, 1912) , Mr. Moore, the President of the Railway, testifying in its behalf upon the very point and from a full knowledge of the operations of the company and its property and expense accounts, stated:
'The revenue which we are now receiving for all kinds of service performed by the Manufacturers' Railway Company is sufficient to pay operating expenses, taxes, rentals, and other fixed charges and 7 per cent. ”

“ The gross revenue from interstate business as stated includes not merely that derived from car interchanges at $4.50 per car, of which in the fiscal year ending June 30, 1913, there were 45,602 cars, producing $205,209; but in addition there was short-haul interchanges, 4,975 cars at the city rate of $2 per car, producing $9,950; interplant and intra-plant movements, 1,206 cars at $1 per car, producing $1,206 ”

“ Criticism is directed to the somewhat abstruse distinction drawn by the Commission between allowances or absorptions made by trunk lines in compensation for services rendered to them and divisions out of joint rates as for services rendered for the shippers (28 I. C. C. 101-106; 32 I. C. C. 102) ; but we deem it unnecessary to discuss the point. ”

“ It is true that so long as the Commission proceeds in accordance with the requirements of the Commerce Act and its amendments, and with proper regard for constitutional restrictions, its administrative orders, not calling for the payment of money, if made after due hearing and supported by evidence, are not subject to attack in the courts. ”

“ The question of the reasonableness of the allowances or divisions made and to be made to the Railway came into the case incidentally, but inevitably, because of the heavy shipments to and from the Brewery and the community of interest between it and the Railway. Upon this point there was abundant evidence to support the conclusion of the Commission that in making up the joint rates not more than $2.50 per car should be added to the trunk line rates to St. ”

“ Provided, that if any such hearing cannot be concluded within the period of suspension, as above stated, the Interstate Commerce Commission may, in its discretion, extend the time of suspension for a further period not exceeding six months.'↑ The process is clearly erroneous. Payment of taxes by lessor is for its own account, not for lessee's. Annual cost of leasehold to lessee is measured by gross rental paid, irrespective of what lessor does with the money.↑ The squares bounded by the streets Ninth, Thirteenth, Lynch, and Dorcas ”

“ It is insisted that the 'advanced rates' resulting from canceling the absorptions were presumptively unreasonable because not established by free competition but by concerted action in furtherance of the aims of the Terminal Railroad Association of St. ”