Reports Upon Railway Commissions Railway Rate Grievances And Regulative Legisla

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Reports Upon Railway Commissions Railway Rate Grievances And Regulative Legisla
Simon James Mclean
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22). In another decision of the same court in the same month it was stated that the Commission had no power to fix a rate for the future (I. C. C. Vs. Cincin- nati, New Orleans and Texas Ry. , see 11 I. C. C. R. , p. 14), Preferences have been prominent in recent years in connection with the western grain traffic. As regards discriminations, the Commission took the ground in its first report that they were not justified by the fact that they were given to build up industry. (1 I. C. C. R. , p. ...85. ) It has been the policy of the Commission to allow preferences and rebates if they were not unjust. (6 I. C. C. R. , pp. 13, 14. ) The most common way in which the provisions of the Act in this regard may have been violated is by the granting of rebates. Here it is exceedingly difficult to obtain evidence that will lead to convic- tion.
The interpretation placed upon the preference clause has been limited by judicial construction. In the ' import rate ' case, which was decided by the Supreme Court in March, 1896, the general question at issue was whether in the carriage of goods from American seaports carriers, subject to the Act, could lawfully charge less for the carriage of import than of domestic traffic of like kind to the same destination.


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