Owen J. Roberts

“ Nor has the shipper ever applied to the Commission for its decision as to what was a proper allowance for the cars furnished by it.
As we have stated, the mileage tariffs published by the American Railway Association, which govern the instant case, require that private cars be marked with socalled reporting marks or initials together with a car number. These marks are for the purpose of keeping records of the car's movements and mileage. Appropriate marks to designate privately owned cars are assigned by the Railway Association to their owners. ”

“ From what has been said it results that the shipper in this case was permitted by law to furnish freight cars for the transportation of its products and to be paid a reasonable allowance for performing this portion of the public service which the carrier was bound to render, and that the law requires that the amount and conditions of payment of such allowance shall be set forth in a published tariff. If this is not done, the shipper may complain to the Commission, to the end that a proper allowance be ascertained and made effective by a schedule duly published. ”

“ Shippers, particularly those who require a specialized form of freight car for transportation of their products, may and do, own cars adapted for the purpose. They may, and do, in lieu of owning such facilities, rent them from the owners. Car companies owning a large number of a special type of freight car, some affiliates or subsidiaries of railroads and others, like the petitioner, wholly independent and financed by private capital, have, for many years, been in the business of leasing cars to shippers. ”

“ The contract provided that the petitioner would collect, and credit to the rental account of the Oil Works each month, all mileage earned by the cars while in the Oil Works' service, 'according to and subject to all rules of the tariffs of the railroads.' The petitioner was to pay the cost of repairs and maintenance but the Oil Works was to be responsible for damage or destruction of the cars while on privately owned tracks. ”

“ Notes
↑ Act of February 19, 1903, c. 708, Sec. 1, 32 Stat. 847, as amended.↑ 9 Cir., 104 F.2d 903, 916.↑ U.S.C. Tit. 49, Sec. 15 (13) , 49 U.S.C.A. § 15 (13) .↑ 49 U.S.C. § 1 (3) , 49 U.S.C.A. § 1 (3) .↑ 49 U.S.C. § 1 (10) (11) , 49 U.S.C.A. § 1 (10, 11) ”