William Howard Taft

“ It requires a consideration by experts of the benefit of the use of such a siding as compared with that of other sidings in connection with the rates in interstate commerce to determine whether there is undue discrimination between shippers. The railroad company is therefore in no position to appeal to the courts on this ground until it has invoked the investigation and decision of the Interstate Commerce Commission upon the concrete facts in a proper manner. ”

“ At the present time J. K. Shippey and the National Bonded Warehouse are the only industries served by it. The siding is all upon the right of way of the railroad company.
On August 2, 1923, the railroad company notified the warehouse company that, unless it signed a standard form of contract in respect to the side track, its use and maintenance which had been submitted to it, the service would be discontinued after August 15th. The warehouse company made complaint to the Public Service Commission. ”

“ The application was denied and this appeal was taken.
The industrial siding in question diverges from the main line of the railroad company, and was built many years ago for the convenience of industries then located on it. ”