by John Marshall Harlan

“ Now, it is apparent from the evidence in this case that many American manufacturers, dealers, and localities, in almost every line of manufacture and business, are the competitors of foreign manufacturers, dealers, and localities for supplying the wants of American consumers at interior places in the United States, and that under domestic bills of lading they seek to require from American carriers like service as their foreign competitors in order to place their manufactured goods, property, and merchandise with interior consumers. The act to regulate commerce secures them this right. ”

“ A discrimination between A. and B., in respect of charges for a like and contemporaneous service in transporting the same kind of property, over the same route, is an unjust discrimination, because it necessarily operates to give that one to whom the most liberal rates are given an undue or unreasonable preference or advantage over the others. ”

“ One is an American, the other a foreigner who came from Europe upon an ocean steamer belonging to a foreign company that had an arrangement with the Texas & Pacific Railroad Company by which a passenger with a through ticket from Liverpool would be charged less for transportation from New Orleans to San Francisco than it charged an American going from New Orleans to San Francisco. ”

“ The interstate commerce act, as amended March 2, 1889, requires every common carrier, subject to its provisions, to print and keep open to public inspection schedules showing its rates and charges for the transportation of passengers and property. It also requires that such schedules 'shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force' ”

“ Under such an interpretation the rule stablished by congress to secure the public against unjust discrimination by carriers subject to the provisions of the interstate commerce act would be displaced by a rule practically established in foreign countries by foreign companies, acting in combination with American railroad corporations seeking, as might well be expected, to increase their profits, regardless of the interests of the public or of individuals. ”

“ Consequently, when goods are to be carried from one point in the United States to another, the rate to be charged cannot properly be affected by an inquiry as to where such goods originated or were manufactured. ”