Page:United States Reports, Volume 209.djvu/106

 OCTOBER TF,,M, 1907. Olinion of the Courk 09 U.S. the Constitution. There is no attempt to levy dutie on hoods to be exported, and the mere incidental effect. in the legal regulation of interstate commerce upon such exportations does not come within this constitutional prohibition. Nor do we think there is any more force in the content[on that this legislation anounts to a preference of ports of one State over thoe of another within the meaning of the con- sti[utional arovision under consideration.  provision was intended to prevent leltion intended to give and having the effect of giving preferenec to the ports of one State over thoee of another State. It may be true that the regulation of interstate commerce by rail turn the effect to give an ad- vantage to commerce wholly by water and to ports which ean be reached by means of inland navigation, but these re natural .dvantages and re not created by statutory law. The fact that regulation, within the acknowiedged power of Congress to enact, may affect the ports of one State more than thoe of another cannot be 'construed as a .violation of this donstitu- tiomd provi_sion. $oah Carolina v. Gorg/a, 93 I5. S. 4, 13; Pernnd,�ania v. Wheelin de Bdmont Bridoe Ctrmpan!t, 18 How. 421,433. It is strongly urged that there is nthing in the sets of Congress regulating interstate commerce which can render illegal the contract between the shipper and the railroad com- pany Jovering the perio d from June to December, 1905. The contract, it is insisted, was at the' legal, published and filed rate, and thee is nothing in the law destroying the right of contract so essential to carrying on business such as the peti- tioner was engaged in. But tbJs contention loses sight of the central and controlling purpose of the law, which is to require all shippers to be treated alike, and but one rate to be charged fcr similar carriage of freight, and that the fil.ed and published rate, equally known by and available to every shipper. In the Elkins Act, Congress has made it a penal offense to give or receive transportation at less than the published rate. This rate can only be raised by ten dsy" or lowered bY thre

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