Page:United States Reports, Volume 209.djvu/108

 82 OOBER TERM, 10'. Ophn of m Oom U. 8. contracts have been entered into. But-the right to re*Ire such regulstious is inherent in the power of Congress to legislate respecting interstate commerce, and such considerations of inconvenience or hardship addrein themselves to the m,ldng branch of the Government. New Havn Railroad Compan/] v. lgrtat Commerce Commission, 200 U.S. 399. It ms.y be that such contracts should be mcogulri, giving stability to rates for limited periods; that the contracts being filed and published, and the rate stipulated known and open to all, no injustice would be done. But, as we have said, such conSderatious addrein themselves to Congress, not to the courts. It is the province of the judicisxy to enforce Iws constitutionally enacted, not to make them to suit their own views of propriety or justice. The statute being within the constitutional power of Con- gress, and being in force when the contract was made, is read into the contract and becomes a part of it. If the shipper sees fit to make a contract covering a definite period for a rate in force at the time he must be taken to have done so subject to the poible change of the published rate in the manner fixed by statute, to which he must conform or suffer the penalty fixed by law. The right to.charge other than the published rate because of a contract alleged to have provided for the rate in force at the time, but, owing to changed conditions, subsequently becoming inadequate to provide for the payment of the pub- lished rate, was dealt with by this court in New Haven Rail- road Co. v. Interstate Commerce Commission, 200 U.S. 361, where a contract for the purchase and carriage of coal at its inception produced the etablished rate to the carrier, which it subeqqently failed to do. This court, speaking through Mr. Justice White, said: "Further, as the prohibition of the interstate commerce act is ever operative, even if the facts established that at the particular time the eontract was made, considering the then cost of coal and other proper items, the net published tariff

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