William Howard Taft

“ It declares to be an offense any device whereby transportation shall be given at any less rate than named in the published tariff 'or whereby any other advantage is given or discrimination is practiced.' Where the offense consists in a rebate, as that term is usually understood, to wit, transportation at a less rate in dollars and cents than the published rate which the shipping public are charged, a published tariff is, of course, necessary to constitute the standard, departure from which is the crime. ”

“ It seems to us clear that the order of the Commission affects the furnishing of cars, their loading, their consignment and thus necessarily their movement in transportation and corresponds fully with the powers conferred by paragraph 15; and that paragraph 15 and Service Order No. 23 both apply not only to priority of car service but also to that of transportation. Certainly one who secures reconsignment and diversion from a lower to a higher class of consignees for delivery violates the service order in terms. ”

“ By paragraph 15 the Commission is authorized, first, to suspend the operation of any or all rules, regulations or practices then established with respect to car service for such time as may be determined by the Commission; second, to make such just and reasonable directions with respect to car service without regard to the ownership as between the carriers of cars, during such emergency as in its opinion will best promote the service in the interest of the public and the commerce of the people ”