w:Supreme Court of the United States

“ For at that time the shows were in the exclusive possession and control of the owner, exhibiting for six days at Tucson, and the application to the Southern Pacific Company, which was refused shows, incontrovertibly, that the transportation to Tucson had terminated, and that no other transportation had then been contracted for. The company itself proved that interstate transportation was not subsequently arranged for until April 3d certainly-and probably not until Apruil 16th-and then was via another line from Phoenix, after two weeks for exhibition in that city. ”

“ That the proposed movement of the shows was 'interstate in character' because they were engaged in a tour, beginning at the city of El Paso, Texas, and designed to extend through the states of Arizona and New Mexico into the state of California, of which tour the movement from Tucson to Phoenix was a part; that in its necessary operation the order would require the company to accept a rate lower than its published interstate rate would be a direct burden upon interstate commerce ”

“ It would be enough to say of this contention that no such claim was asserted in the answer of the company in the state court, or even in the assignments of error in this court, and that, therefore, it cannot be considered here. ”