William R. Day

“ Upon one refrigerator car, shipped in 1914, the excess was not collected. Famechon Company made claim against the railway company for an overcharge of $5 on each of the four shipments so made in 1915. The railway company refunded $20 to Famechon Company, for which sum the receiver brought suit, claiming the refund was made by mistake and through a misunderstanding of the tariff and schedles; he also brought suit to recover $5 rental for the refrigerator car shipped in 1914. ”

“ The argument is that the Interstate Commerce Act confers on carriers the right to receive the revenues defined in the tariffs, and is a command with penalties that carriers collect those revenues, and that as the decision turns on the issue directly raised, and necessarily involved, whether the tariff was or was not valid, there was drawn in question the validity of an authority exercised under the United States ”

“ Famechon Company, in its answer, put in issue the allegations of the complaint, and pleaded a counterclaim for the rental paid on two cars shipped in 1916. In the municipal court of Minneapolis defendant in error had judgment for $10, with interest and costs, and the receiver for the railway company appealed to the Supreme Court of Minnesota, which affirmed the judgment, 145 Minn. ”