Page:United States Reports, Volume 209.djvu/94

 68 OCTOBER TEPM, 1907. Opinion of t,e our. 209 U. 8. carriage over the line of the Burlington Company and its con- neeting carriers and that of the steamship line, and from the time of the delivery of the freight to the railway company st Ifn- City, IG usas, until it was delivered at the export destination, it was exclusively bandled by the era-tiers, rail and steamship, the shipper having nothing to do with it. The Burlington Company did, with connecting lines, tmusport the property from'Kansas City, K,n-q, through the Western District of Miouri and other States and districts to New York city, wtrere the Same was delivered to the steamship line. The full rate for the through carriage thus paid was made up so that the proportional part of the milrnad carriage east of the Mississippi River was 23 cents per 100 pounds, instead of 35 cents per 100 pounds, fixed by the amended and published rate. The packing company at the time of making the ship- ment and paying the freight knew of the filing and publishing of the amended tariff of August 5, 1905, but did not know how the rate was apportioned or divided, or made up among the respective carriers or points, except that it knew the stcam- ship rate as named in the contract with the steamship owners. At the time aforesaid the Burlington Compemy was s com- mon carrier, engaged in the transportation of property by' railway under contract greements and traffic arrangements with certain other lines, extending from IGmsas City, Kansas, east to the city of New York and other seaboard points. There were no fixed contract,agreements or traffic arrangements with the steamship lines, which were conducted as hereinafter set forth. The ocean rate i variable, depending upon the season, weather and other mattere.' The steamship must sail at a given dte and has a certain amount of space to be filled, so that space may be at one time quoted to one person at one price and 'at another time to another person at a different pries. The question of such rates vary from hour to hour, as well as from day to day. For these, among other'reasons, there was no contract agreement or trac arrangements between the railroads. and export steamship lines. The reservation of

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