Page:United States Reports, Volume 209.djvu/146

 120 OCTOBER TERM, 1007. Option of le Oour. 30 U.S. when properly called upon, be able to give a good reason there- for, but the mere fact that a rate lure been raised carries with it no presumption that it was not rightfully done. Those presumptions of good faith and integrity which have been recognized for ag as attending human action have not been overthrown by any legislation in respect to common caners. The Commerce Commission did not find whether the rates were reasonable or unreasonable per se. Its omission may have been owing, partly at least, to the.decision in IJerstate U.S. 506, for this controversy arose before the amendment of June 29, 1906. 34 Stat. 584. On the other hand, the Cir- cuit Court found specifically that the live-stock rates were reasonable, and also that the rates for carrying packers' products and dressed meats were remunerative. See Findings 1 and 7. Obviously shippers had in the rates considered separately no ground of challenge. But the burden of com- plaint is not that any rates taken by themselves were too high, but that the difference between those on live stock and those on dressed meats and packers' products worked an unjust dis- crlmlnatjOn. It is insisted that "the making of the live-stock rate higher than the product rate is violatire of the ahnct universal rule that the rates on raw material shall not be higher t.hn on the manufactured psoduct." This may be conceded, but that the rule is not universal the propition itself mgnizes, and the findings ot the court give satisfactory reasons for the exception here shown. See Findings 2, 3 and 9. The cot' of carriage, the risk of injury, the larger amount which the companies are called upon to pay out in damages make sufficient explanation. They do away with the idea that in the relzion established between the two kinds of charges any undue or unreasonable preferenoe was intended or secured. Finding No. 6 .is very persuasive. It reads: "Sixth. That the present rates on live stock have not ma- terially affected any of the markets, prices, or shipments;

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