no application to interstate shipments since that subject is fully covered by the

Interstate Commerce Act.-Fielder v. Mis- See "Vegetables."

souri, K. & T. Ry. Co., (1897) (Tex. Civ. App.) 42 S. W. 362.

63. Cars containing grain consigned from western points to Kansas City, Mo.,

TURNIPS.

TWELFTH SECTION.

TWENTIETH SECTION.

were placed by the carriers on hold See "Evidence;" "Sections.''

TWENTY-SECOND SECTION.

tracks" at that point, pending disposition
orders from the owner. On receipt of
such orders the cars were reconsigned to
destination. For this service a reconsign- See "Sections."
ment charge of $2 per car was assessed.
Held, that until the cars were finally de-
livered to consignee or forwarded to final
destination upcn his order, their move-
ment was a part of the interstate trans-
portation; that the reconsignment charge
was therefore covered by the Interstate
Commerce Act.-State v. Atchison, T. &
S. F. Ry. Co., (1903) 176 Mo. 687, 75 S.
W. 776, 63 L. R. A. 761.

See

"Reduced-rate

transportation;"'

"Sections; "Tickets.'

་

TWENTY-THIRD SECTION.

See "Sections."'

UNDERBILLING.

UNDERCHARGE.

64. The switching of cars, loaded with freight afterwards transported to another state, which is purely local, and which is independently contracted for, which has See "False billing.' no relation to the contract of carriage under which the freight is removed beyond the border of the state, which has no relation to the ultimate destination of the cars, and which begins and ends before the destination of any car handled is fixed, is a mere preliminary incident to interstate commerce, and subject to state control.-Larabee Flour Mills Co. v. Mis- JURISDICTION OF COMMISSION TO OFF

souri Pac. Ry. Co., (1906) 74 Kans. 808, 88 Pac. 72.

65. Hay consigned to commission men at East St. Louis, Ill., was placed on the carrier's team track at that point for inspection and sale. Complainant purchased hay at the team track and had the same reconsigned to its warehouse for the purpose of unloading, sorting and reloading for shipment to points in other states. Held, that the service of switching the cars to complainant's warehouse was not an act of interstate commerce within the provisions of the Interstate Commerce Act, although complainant intended to send the hay to interstate points.-St. Louis Hay & Grain Co. v. Chicago, B. & Q. Rd. Co. et al., (1905) 11 I. C. C. R. 82.

TRESPASS.

Jurisdiction of Commission.

1. The Commission has no authority to consider a claim in the nature of an action of trespass.-Councill v. Western & A. Rd. Co., (1887) 1 I. C. C. R. 339, 1 I. C. R. 638.

RIGHT OF CARRIER TO COLLECT, 1.
DUTY OF CARRIER TO COLLECT, 2.
WHEN CARRIER PRECLUDED FROM RIGHT
TO RECOVER, 3.

SET UNDERCHARGE AS AGAINST OVER-
CHARGE, 4.

Right of carrier to collect.

1. Where a shipper, by misrepresentation of the character of his goods, has obtained a lower freight rate than the rate specified in the lawfully published schedule, the carrier may recover of the shipper the higher schedule rate.-Missouri, K. & T. R. Co. v. Trinity County Lumber Co., (1892) 1 Tex. Civ. App. 553, 21 S. W. 290.

Duty of carrier to collect.

2. Where an interstate shipment passes over the lines of several connecting carriers, the agent of the final carrier must collect from the shipper any excess of the regular tariff rate over the rate agreed upon between the shipper and first carrier. -San Antonio & A. P. Ry. Co. v. Clements, (1899) (Tex. Civ. App.) 49 S. W. 913. When carrier precluded from right to re

cover.

3. Rule of classification in force on defendant's line prohibited removal of any portion of a carload shipment en route unless less than carload rating was ap

'Cabbage; "Perishable freight;" "Potatoes."' Standard for estimating rate per crate, tariff must state whether standard is

one of weight or dimensions, see "Schedules or tariffs,'' 59. Charleston, S. C., to New York, N. Y.

vegetables.-Tecumseh Celery Co. v. Cincinnati, J. & M. Ry. Co. et al., (1893) 5 I. C. C. R. 663, 4 I. C. R. 318.

East St. Louis, Ill., from stations on Mobile & Ohio Rd. Co.

3. Defendant's line extended from Mobile, Ala., to East St. Louis, Ill., distance of 644 miles. Prichard, Ala., is about 4 miles north of Mobile, Verona, Miss., 271 miles north of Prichard, Humboldt, Tenn., 128 miles north of Verona, and Columbus, Ky., 194 miles north of Verona. Rate on vegetables from all points between Prich

ard and Verona to East St. Louis was the

same, being 70 cents for second class and 44 cents for third class. Beginning at Tupelo, Miss., the first station north of Verona, rate was gradually reduced, being at Tupelo 65 cents second class, 42 cents third class; at Humboldt, 52 cents second class, 33 cents third class; and at Columbus, 30 cents second class and 22 cents third class. Complainant insisted that by making group rate from Prichard to Verona defendant unjustly discriminated against Verona in favor of points farther south. Held, that in total haul of 640 miles, rate which for the first 271 miles was the same, and which in next 200 miles fell from 70 to 30 cents upon second class and from 44 to 22 cents upon third class, was prima facie unreasonable and a discrimination against the nearer points in the group.-Rea v. Mobile & O. Rd. Co., (1897) 7 I. C. C. R. 43.

VEHICLES.

1. Rate on onions, turnips, squash or cymbling and egg plant was 61 cents per barrel. On April 17, 1893, delivery of commodities named was changed from New York to Jersey City without any change in the rate. The average ferriage between Jersey City and New York was 1.4 cents per barrel. Held, that 1.4 cents per barrel should have been deducted from the rate.-Truck Farmers' Assn. v. North- Social Circle, Ga., from Cincinnati, O. eastern Rd. Co. et al., (1895) 6 I. C. C. R. 1. Rate of $1.37 per 100 pounds held 295; petition to enforce order of Commis- unlawful under section 4 of Act as comsion denied, I. C. C. v. Northeastern Rd.pared with rate of $1.07 from Cincinnati Co., 74 Fed. Rep. 70, 83 Fed. Rep. 611. East St. Louis, Ill., to Kansas City, Mo.

See "Cars;

'Buggies."'

through Social Circle to Augusta, Ga.Cincinnati, N. O. & T. P. Ry. Co. v. Interstate Commerce Commission, (1896) 162 U. S. 184, 16 Sup. Ct. R. 700, 40 L. Ed. 935, affirming 13 U. S. App. 730. Same case, 56 Fed. Rep. 925, 4 I. C. C. R. 744, 3 I. C. R.

682.

VENUE.

2. Under Official Classification celery, cauliflower, asparagus, lettuce, green peas, string beans, oyster plant, egg plant, etc., could be shipped in mixed carloads at the carload rate for the class to which they belonged. This was not allowed by Western Classification. Held, that the Wabash Railroad, for that portion of its line ex- See "Courts; ''''Criminal prosecution." tending from East St. Louis to Kansas City, over which the Western Classification was in force, should provide for mixed carloads of celery, cauliflower, and other vegetables specified in class C of that classification, and charge thereon no higher rate than that charged for carrying a carload quantity of either of said

VOLUME OF TRAFFIC.

see

As element affecting classification,
"Classification," 20-26, 29, 32, 35.
Relative quantities of traffic as element
to be considered in adjusting relative
rates, see "Rates," 419.

Classification of waste, see "Classifica- Effect of, on rate on cotton-piece goods

CHANGE IN MINIMUM WEIGHT MUST BE ules in force.-Suffern, Hunt & Co. v. Indi

DUTY TO FURNISH CAR CAPABLE OF CAR-255, 278. RYING MINIMUM WEIGHT PRESCRIBED, 4. Defendant's rate schedules stated a 5.