Page:United States Reports, Volume 209.djvu/601

 INDEX. operation, nor is there any provision for ill/rig and publ/zhing ueh oon- tracte, and he fact that a contract was at the.publishad rate when made does not legalize it after the carrier has dvancel the published rate. Tbe provisions es to rates, be/ng in torce in a constitutional act of Congre when tee contract is made, are rea into the contract and become a part thereof, and the shipper, who is a party to such a contract, takes it subject to any change thereafter made in the rate to which he must conform or suffer the penalty fixed by law. lb. 5. Rates; complitlo may b considered i fing--Relalion o! public to rail- roads. Ra/lmads are the private property of their owners, and while the public has the power tc prescrihe rules for securing faitbfu! and efficient ser- vice and equality between shippers and communities, the public is in no proper sense a general manager. The companies way, subject to change of rates provided for in the Interstate Commerce Act, contract with ahippers for single and successive transportations and in fixing their own rate may tke into account competition provided it is genuine and not a mere pretense. 'Inletstate Commrre Comroission v. Chicao Orsat Western R. Co., I08. 6. Rat; pgsuroption o I good [aith o! car'Her in chaning. Tbero is no presumption of wrong arising from a chmge of rate made by a esxrier. The presumption of good faith and integrity attends the action of carriers ee it does the action of other corporations and indivld- uais and those presumptions have not been overthrown by any' legisin- 7. Roles; uznsonable dlsa'imlnatlon; dlferencs in rates [or ackin-houss peodurts and livestock sot A rate on the manufactured article resulting from genuine competition and natural conditions is not necearily an undue and unreasonable d/crimination aainst a manufacturing comteunity hecausa it is lower than the rate on the raw material; and, under the ciroumstunces of this ee, there was no undue and unreasonable diseriminatinn against the Chicago pcking-honse industries on the part of the railroads in making, sa the result of actual compotitinn and conditions, a lower rate for manu- faured packing-house product than for livestock from Miouri River pointa to Chicago. lb. 8. Wh nzrchandice ceases go be, and becomes sub/'ed to tax/n and po//c pours o! State. Merchandise way cease to be interstate commerce at an intermediate point between the place of. sh/pment and,ultimate destination; and if kept at such point for the use and profit of the owners and under the protection of the laws of the State it becomes subject to the tcing and police power of the State. The act of 1899 of Tennessee providing for the inspection of oil is not an unconstitutional burden on ioterstte coremeres ee plied to ell coming from other Statce and ultimately intended for sale and distribution in other States but meanwhile stored in Tennece for

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