Page:United States Reports, Volume 209.djvu/144

 OCTOBF, R TF, B.M, 1907. upon a mlnieril body, or legishtive, and. t.zefore, und the Fedend Cousttution, a nter for Congrmsional action-- for within any fair eoustaction of the terms "undue or un- reasonshie" the findln? of the Circuit Cour piaco the setion of the railroads outside the reach of condemnation. The eompiirnt, before the Interstate Commeree setion, was u incorportsted association. The purposes for which it was orgsnil were, as stated in its ehaer, "to establish nuntain & commercial exehs; o promote uniformity in the customs nd usss of merchants; to provide for the speedy ' adjustment of ail business disputce between its members; to facilitate the receiving snd clisbuting of live stock, as well as to provide for and mntain a rigid inspection thereof, thereby guarding ag it the sale or use of unsound or .un- healthy meats; and generally to secure to its members the benefits of coSperation in the furtherance of their leithnate pursuits." Its members were, as found by the Commeree Commission., "engaged in the pureha, shipment and sale of live stock for themselves and upon commion." It was such an association, with members engaged in the business named, tkat initiated these proceedln and in whose behff they were primarily prosecuted. While it may be that the proeeerlln? are not to be narrowly limited to an inquiry whether this par- ticuiar complainant has been in any way injured by the action of the railroad companies, yet that question must be regarded as the one wh/ch w the special obieet of inquiry and con- sideration. It is true that the Commission subsequenfiy com- menced under the Elk/ns Act an independent suit in its own name, but it was practically to enforce the award made by the Cowminion after its inquiry into the controversy between the llve stock exchn and the raiiroad companies. It must be remembered that railroads are the private prop- erty of their owners; that while from the public character of the work in which they are engaged the public bas the power to prescribe rules for securing faithful and eftdent service and equality between shippers and communities, yet in no

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