Page:United States Reports, Volume 209.djvu/136

 110 OCTOBER TERM, 1907. Satmaut of the C 209 U.S. and discrimination, in violation of the provisions of the act to regulate commerce; and that said defendants be, and each of them is hereby, notified and required to cease and desist, on or before the fifteenth day of February, 1905, from rnin- taining or enforcing the said unlawful relation of rates, and from further continuing said unlawful prejudice and dis- crimination. "And it is further ordered, that a notice embodying this order be forthwith sent to each of the defendant corporations, together with a copy of the report and opinion of the Commis- of the act to regulate commerce." The defendants not complying with this order, the Inter~ state Commerce Comrmslon eaured this suit tQ be menced in the Circuit Court of the United States for the Northern District of Illinois, seeking to compel compliance. The defendants answered, admitting service of the order and refusal to comply therewith, denying that it was legal or bind- ing, but on the contrary claiming tlmt it was in violation of their rights. After the filing of the petition to enforce the order of the Commission and the answers thereto, and in August, 1905, the Commission also commenced an orinal proceeding under and by virtue of the act of February 19, 1903 (32 Star. 847), known as the Elkins Act, charging sub- stantially the same discrimination. These eases were con- solidated and heard before the Circuit Court, an enormous volume Of additional testimony being taken, and on Novem- ber 20, 1905, that court announced its opinion, stated its find- ings of fact and conclusions of law, and ordered that the bill should be dismissed. A decree accordingly was so entered. 141 Fed. Rep. 1003. The findings of fact were as follows: "First. That the live stock 'rates are reasonable in thera- selves. Ali ltve stock from points west, southwest apd north- west of the Missouri River and St. Paul are shipped on a pro- portional rate from the Mi.qouri River or St. Paul to Chicago. These rate are equal to or less than the rates on dressed meats

�