to determine and prescribe what will be the just and reasonable individual or joint rate, fare, or charge, or rates, fares, or charges, to be thereafter observed in such case, or the maximum or minimum, or maximum and minimum, to be charged (or, in the case of a through route where one of the carriers is a water line, the maximum rates, fares, and charges applicable thereto), and what individual or joint classification, regulation, or practice is or will be just, fair, and reasonable, to be thereafter followed, and to make an order that the carrier or carriers shall cease and desist from such violation to the extent to which the Commission finds that the same does or will exist, and shall not thereafter publish, demand, or collect any rate, fare, or charge for such transportation or transmission other than the rate, fare, or charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed.

Paragraph (1), Section 15, as amended by Transportation Act, 1920. It will be noted that minimum rates, etc., may be prescribed, a power not had by the Commission prior to the Amendment. The section prior to this Amendment read:

That whenever, after full hearing of a complaint made as provided in section thirteen of this Act, or after full hearing under an order for investigation and hearing made by the Commission on its own initiative (either in extension of any pending complaint or without any complaint whatever), the Commission shall be of opinion that any individual or joint rates or charges whatsoever demanded, charged or collected by any common carrier or carriers subject to the provisions of this Act for the transportation of persons or property or for the transmission of messages by telegraph or telephone as defined in the first section of this Act, or that any individual or joint classifications, regulations or practices whatsoever of such carrier or carriers subject to the provisions of this Act are unjust or unreasonably or unjustly discriminatory, or unduly preferential or prejudicial or otherwise in violation of any of the provisions of this Act, the Commission is hereby authorized and empowered to determine and prescribe what will be the just and reasonable individual or

joint rate or rates, charge or charges, to be thereafter observed in such case as the maximum to be charged, and what individual or joint classification, regulation, or practice is just, fair, and reasonable, to be thereafter followed, and to make an order that the carrier or carriers shall cease and desist from such violation to the extent to which the Commission finds the same exist, and shall not thereafter publish, demand, or collect any rate or charge for such transportation or transmission in excess of the maximum rate or charge so prescribed, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed.

First part of paragraph (1), Section 15, as amended by Act of June 18, 1910. Prior to this amendment the Act read:

That the Commission is authorized and empowered, and it shall be its duty, whenever, after full hearing upon a complaint made as provided in section thirteen of this Act, or upon complaint of any common carrier, it shall be of the opinion that any of the rates, or charges whatsoever, demanded, charged, or collected by any common carrier or carriers, subject to the provisions of this Act for the transportation of persons or property as defined in the first section of this Act, or that any regulations or practices whatsoever affecting such rates, are unjust or unreasonable, or unjustly discrimitory, or unduly preferential or prejudicial, or otherwise in violation of any of the provisions of this Act, to determine and prescribe what will be the just and reasonable rate or rates, charge or charges, to be thereafter observed in such case as the maximum to be charged; and what regulation or practice in respect to such transportation is just, fair, and reasonable to be thereafter followed; and to make an order that the carrier shall cease and desist from such violation, to the extent to which the Commission finds the same to exist, and shall not thereafter publish, demand, or collect any rate or charge for such transportation in excess of the maximum rate or charge so prescribed, and shall conform to the regulation or practice so prescribed.

First part of Section 15, as added by the Act of June 29,

The original section read:

"That if in any case in which an investigation shall be made by said Commission it shall be made to appear to the satisfaction of the Commission, either by the testimony of witnesses or other evidence, that anything has been done or omitted to be done in violation of the provisions of this Act, or of any law cognizable by said Commission, by any common carrier, or that any injury or damage has been sustained by the party or parties complaining, or by other parties aggrieved in consequence of any such violation, it shall be the duty of the Commission to forthwith cause a copy of its report in respect thereto to be delivered to such common carrier, together with a notice to said common carrier to cease and desist from such violation, or to make reparation for the injury so found to have been done, or both, within a reasonable time, to be specified by the Commission; and if, within the time specified, it shall be made to appear to the Commission that such common carrier has ceased from such violation of the law, and has made reparation for the injury found to have been done, in compliance with the report and notice of the Commission, or the satisfaction of the party complaining, a statement to that effect shall be entered of record by the Commission, and the said common carrier shall thereupon be relieved from further liability or penalty for such particular violation of law."

The original Act gave the Commission power not only to determine what rates were unreasonable, but what were reasonable.-Coxe Bro. & Co. v. Lehigh V. R. Co., 4 I. C. C. 535, 577, 578, 3 I. C. R. 460, 478; order not enforced, Int. Com. Com. v. Lehigh V. R. Co., 74 Fed. 784; Murphy, Wasey & Co. v. Wabash R. Co., 5 I. C. C. 122, 3 I. C. R. 725, 726. Power to prescribe rates exercised.-Merchants Union of Spokane v. N. Pac. R. Co., 5 I. C. C. 478, 4 I. C. R. 183, 198; order not enforced, Farmers Loan & Trust Co. v. N. Pac. R. Co., 83 Fed. 249; Freight Bureau of Cincinnati v. Cincinnati, N. O. & T. P. Ry. Co., 6 I. C. C. 195, 4 I. C. R. 592, 617; order not enforced, Int. Com. Com. v. Cincinnati, N. O. & T. P. Ry. Co., 76 Fed. 183, 167 U. S. 479, 42 L. Ed. 243, 17 Sup. Ct. 986. The Supreme Court having intimated in Cincinnati, N. O. & T. P. Ry. Co. v. Int. Com. Com., 162

U. S. 184, 40 L. Ed. 935, 16 Sup. Ct. 700, 5 I. C. R. 391, and having held in Int. Com. Com. v. Cincinnati, N. O. & T. P. Ry. Co., 167 U. S. 479, 42 L. Ed. 243, 17 Sup. Ct. 896, that the Commission had no power to fix rates, the Commission, after citing these cases, refused to exercise such power.-Carey v. Eureka Springs R. Co., 7 I. C. C. 286, 319. The power the Commission had and exercised before the Act of June 29, 1906, was practically to prescribe the old rate as the rate for the future when an advance was declared illegal. For illustration, see Tift v. So. Ry. Co., 10 I. C. C. 548, and Central Yellow Pine Asso. v. Ill. Cent. R. Co., 10 I. C. C. 505, where an advance was declared illegal, and Southern Pine Lumber Co. v. So. Ry. Co., 14 I. C. C. 195 and Nicola, Stone & Meyers Co. v. L. & N. R. Co., 14 I. C. C. 199, where the full advance was decided to be the measure of reparation. No order made because of lack of authority to fix rates.-Hastings Malting Co. v. Chicago, M. & St. P. Ry. Co., 11 I. C. C. 675. The old law gave power to determine how much reparation should be awarded and thereby to determine to what extent a rate was excessive; the amendment gave the additional power to prescribe what rate should be collected in the future.-Cattle Raisers' Asso. v. Mo., Kan. & Tex. Ry. Co., 12 I. C. C. 1, 3. Section construed with reference to elevator allowances.-Re Allowances to Elevators, 12 I. C. C. 85. Distribution of coal cars is a regulation and practice affecting rates under this section. -Railroad Com. of Ohio v. Wheeling & L. E. R. Co., 12 I. C. C. 398; Rail & River Coal Co. v. B. & O. R. Co., 14 I. C. C. 86. Rules as to who shall load and unload freight subject to the jurisdiction of the Commission under this section.Wholesale Fruit & Producers Asso. v. A. T. & S. F. Ry. Co., 14 I. C. C. 410, 421. Section with Section 14 contemplates awards of money by the Commission.-Washer Grain Co. v. Mo. Pac. Ry. Co., 15 I. C. C. 147, 153. Gives power to fix rates for the future and award reparation for the past.Arkansas Fuel Co. v. Chicago, M. & St. P. R. Co., 16 I. C. C. 95, 96. Whether or not the Commission had power to fix maximum rates prior to the Act of June 29, 1906, was first mooted and doubted in the Supreme Court in the cases of Cincinnati, N. O. & T. P. R. Co. v. Int. Com. Com., 162 U. S. 184, 40 L. Ed. 935, 16 Sup. Ct. 700, and Tex. & Pac.

Ry. Co. v. Int. Com. Com., 162 U. S. 197, 40 L. Ed. 940, 16 Sup. Ct. 666, and such power was definitely declared not to have been given the Commission in the case of Int. Com. Com. v. Cincinnati, N. O. & T. P. R. Co., 167 U. S. 479, 42 L. Ed. 243, 17 Sup. Ct. 896. Subsequently these cases were followed by the inferior courts. See Fed. Stat. Ann., Vol. 3, p. 840.

Section 15 of the old Act is little like the Hepburn Amendment. Therefore, citations to the former are not directly applicable to the present section. Construing this section with others, from 12 to 18, inclusive, held that "the Commission is invested with only administrative powers of supervision and investigation, which fall far short of making the board a court, or its action judicial, in the proper sense of the term.”—Kentucky & I. Bridge Co. v. L. & N. R. Co., 37 Fed. 567, 613. Section required notice to be given carrier to cease violations of Act.-Int. Com. Com. v. Detroit, G. H. & M. R. Co., 57 Fed. 1005, 1008, 4 I. C. R. 722. While the proceedings of the Commission are not judicial, its procedure should substantially conform to that before a court.-Int. Com. Com. v. L. & N. R. Co., 73 Fed. 409, 414. When the Commission adopts an erroneous principle in arriving at a conclusion, its order based thereon will not be judicially enforced. Int. Com. Com. v. Lehigh V. R. Co., 74 Fed. 784, 787.

While the Hepburn Act gives power to the Commission to fix rates, courts may enjoin advance until the Commission can determine whether or not the advance is legal.-Kiser v. Cent. of Ga. Ry. Co., 158 Fed. 193, 198. The Commission may make a finding without being embarrassed by admissions in complaint.-Cincinnati, H. & D. R. Co. v. Int. Com. Com., 206 U. S. 142, 149, 51 L. Ed. 995, 998, 27 Sup. Ct. 648. Immaterial error of law not ground to set aside order of Commission which is given the force "due to the judgments of a tribunal appointed by law and informed by experience." -Ill. Cent. R. Co. v. Int. Com. Com., 206 U. S. 441, 454, 51 L. Ed. 1128, 1134, 27 Sup. Ct. 700. Some orders of the Commission entered since the passage of the Hepburn Act have reached the courts. In Stickney v. Int. Com. Com., 164 Fed. 638, 644, the circuit judge said: "This court has ample