dated by the commerce clause merely be- When the Canadian corporation pur- PART I INTERSTATE COMMERCE ACT; RAILROADS Chapter 1, Title 49, U. S. Code [See table of Cases for history, parallel citation, of cases indicated by asterisk*] Section 1. Regulation in general; car service; alteration of line.- Amendments, see footnotes, vol. 1, p. 157, vol. 6, p. 4537; historical notes, vol. 1, p. 158, vol. 9, Volume 1-p. 159 Notes of Decisions Volume 14-p. 11346 munity from the taxing power of the Tax imposed by the State, which does Volume 11-p. 8960 ments were unloaded at the transit point, 21. Billing. While some of the traffic is those rates, or they may participate in joint international rates and thus become jointly and severally liable for any unlawfulness found in such rates.Buckerfield's v. Atchison, T. & S. F. Ry. Co., 280 I. C. C. 15 (18) *. 53. "Only insofar as such transportation takes place within the United States."-When carriers subject to its jurisdiction voluntarily join in rates between points in the United States and points in Canada, the commission may require the United States carriers to abstain from joining in maintenance of such rates on any basis other than that found lawful.-W. C. Reid & Co., Inc. v. Boston & M., 276 I. C. C. 397 (399). With respect to shipments originating in British Columbia, the commission has jurisdiction over those rates only for that part of the movement within the United States. Barshop v. Atchison, T. & S. F. Ry. Co., 277 I. C. C. 17 (18). 57. Mexican traffic.-See E. A. Brown Produce Co. v. Atchison, T. & S. F. Ry. Co., 278 I. C. C. 433. Order 3861, 58. Alaska.-Executive June 8, 1923, placed operation under supervision of Secretary of the Interior; motor carriers, see § 206 (a) (2), (3), § 209 (a) (2), (3). Additional appropriation for railroad construction, $4,000,000, under Third Supplemental Appropriation Act, June 2, 1951. Common Carriers; and Application of Act Part II, § 203 (a) (14), n. 1. 67. Incorporation and charter powers, as affecting common-carrier status.The status of a transportation agency as a common carrier does not depend upon its corporate character or declared purposes, but rather upon what it does.Allegheny & S. S. Ry. Co., Status, 273 I. C. C. 155 (160); Id., 277 I. C. C. 119 (120)*. 76. Switching service only.-See Allegheny & S. S. Ry. Co. Status, § 1 (3) (a), n. 11. be a switching track.-InternationalG. N. R. Co. Trustee Trackage Rights, 275 I. C. C. 27 (38)*. 32. End of interstate movement.-The interstate character of oil shipments by water into the State port, piped into consignor's storage tanks at a State point, and after storage, shipped to a State point, under contract, with no arrangements for transit, nor any proof that movement by water and rail was under common control, management, or arrangement for continuous carriage, ended on delivery at the seaboard.-Navasota Cresoting Co., Inc. v. Texas & N. O. R. Co., 278 I. C. C. 553 (554). 39. Burden of proof. The burden is upon complainant to establish the interstate character of the movement.-Navasota Creosoting Co., Inc. v. Texas & N. O. R. Co., 278 I. C. C. 553 (554). 51. Foreign commerce defined.-Part III, § 302 (i), n. 10. "Interstate commerce" does not include foreign commerce, unless Congress by definition, for purposes of a particular statute, includes them both in the single expression. The court cannot construe "interstate commerce" as referring to foreign commerce, which was originally inIcluded but later eliminated in legislative course of enactment.-Border Pipe Line Co. v. Federal Power Comm., 171 F. 2d 149 (150-1). 52. Transportation to or from a foreign country.-See Strachman v. Palmer, 82 F. Supp. 161, distinguishing Galveston case, § 20 (11), n. 10, infra. When railroads of the United States and of a foreign country unite in publication of joint through rates from or to points in the foreign country to or from points in the United States, the commission has jurisdiction to determine their reasonableness.-E. A. Brown Produce Co. v. Atchison, T. & S. F. Ry. Co., 278 I. C. C. 433 (435). Railroads in this country have a clear alternative in respect of their participation in international traffic; they may publish reasonable and otherwise lawful rates applicable to or from the border, in which event they are answerable only for 109.-Pipelines.-See §1 (3) (a), n. 21. Volume 9-p. 6980 Volume 14-p. 11348 Section 1. (2) Transportation subject to regulation. [Unchanged. See vol. 9, 6980.] Amendments, see footnotes, vol. 1, p. 221, vol. 6, p. 4559; historical note, vol. 1, p. 158. Notes of Decisions Volume 1-p. 222 Volume 6-p. 4559 Section 1. (3) (a) Definitions. [Unchanged. See vol. 9, p. 6982, amendment, vol. 11, p. 8963.] [54 Stat. 899.] Amendments, see footnotes, vol. 1, p. 229, vol. 6, p. 4562; historical notes, vol. 1, p. 230, vol. 9, p. 6982. Volume 1-p. 230 3. Express.-The Notes of Decisions Volume 14-p. 11348 Express Agency, while a "common carrier" is not a "com- Pooling agreement, § 5 (1), notes. 11. Wharfage and terminal companies.-Neither track ownership nor performance of the incidents of operation such as issuance of bills of lading, collection of freight charges, or payment of per diem for car use, are required under the statutory definition of a common carrier. A common carrier does not cease to be such merely because the services which it renders to the public are performed as agent of another.-Allegheny & S. S. Ry. Co. Status, 277 I. C. C. 119 (121)*. Municipal Terminals has an arrangement with defendant to furnish, as agent, services held out by the latter at the port. It is a common practice for terminal lines to act as agent for line-haul carriers. Municipal Terminals is a common carrier subject to the commission's jurisdiction.-A. F. Pringle & Co., Inc. v. Atlantic Coast Line R. Co., 278 I. C. C. 655 (657). 16. Stockyards.-Although platforms, pens, docks, were constructed and are maintained by the railroad, respondent Volume 11-p. 8963 Volume 12-p. 10118 Volume 13-p. 10869 stockyards company owns the yard, operates facilities used in loading and unloading. While those facilities are not formally leased to respondent, its continuous operation thereof for 9 years constitutes an implied contract or license covering its use. Such performance at its public stockyards is tantamount to a holding out, and in performance of the service respondent is a common carrier subject to the act.-Loading and Unloading Livestock at Texarkana, 276 I. C. C. 167 (171). Control and operation of facilities used in loading and unloading livestock at stockyards is a terminal operation which is included within "transportation" as defined in § 1 (3) (a). All loading and unloading charges should be published and filed with the commission. The stockyards company is a common carrier by railroad subject to the act insofar as it performs loading or unloading of livestock moving in interstate or foreign commerce.-Status of Laramie Stockyards Co., 278 I. C. C. 770 (772). of 17. Warehousemen.-Designation the line-haul carrier to be used for the out-bound movement, where it is done by the owner of the goods, is not enough, of itself, to make the warehouseman the agent of the shipper; such an instruction is not incompatible with the character of the warehouseman as an independ ent contractor.-Allowances for Pickup and Delivery at Kansas City, 272 I. C. C. 231 (356). Pipelines 21. Pipeline carriers.-Valuation § 19a, n. 15. Rates, 1 (5), n. 700. Congress did not intend § 1 of the Hepburn Act and § 400 of the 1920 Transportation Act to subject carriers of oil by pipeline, who carry only their own products and who are not common carriers in substance, to regulations requiring them to transport the products of others as common carriers for hire. Champlin is not a common carrier, either in fact or substance.-Champlin Refining Co. v. United States, 93 F. Supp. 170 (175)*; not subject to § 6, decision of Supreme Court [not yet received]. Provisions of Part I are specifically made applicable to all pipeline companies transporting oil from one State to another.-Champlin Refining Co. Accounts and Reports, 274 I. C. C. 409 (412, 415)*; Shell Oil Co., Inc., Products Pipe Line Dept., 49 Val. Rep. 772 (773-4). Railroad, Construed 34. Private tracks.-Claim to right to delivery at private tracks without extra charge, because of contractual relation between stockyards and terminal carrier under lease, which covenanted to operate the railroad to the benefit of the stockyards, not sustained, the effect of the lease being to divest the stockyards of operation and control of the terminal carrier, which latter is subject to the act, and upon which the commission has imposed conditions inhibiting its operation to special advantage of the stockyards.Swift & Co. v. Atchison, T. & S. F. Ry. Co., 274 I. C. C. 557 (575)*. 36. Tracks used under trackage agreements. See Swift & Co., n. 34, supra; and §5 (2), n. 56. 42. Stockyards as "railroad."-See Loading and Unloading, and Laramie cases, n. 16, supra. Transportation, Construed 50. In general.—A carrier's leasing of facilities for the conduct of an auction has no relation to transportation service.-Burkley Produce Co. v. Pennsylvania R. Co., 277 I. C. C. 319 (322). 51b. Produce terminals; facilities for display and sale.-Delivery of the produce had been effected by defendant at the time the car was unloaded onto the platform and its service in transportation had ceased. Its service from that time, for convenience of complainant while seeking markets, was not properly a carrier function, consequently not within the scope of § 1; the commission is without jurisdiction.-Burkley Produce Co. v. Pennsylvania R. Co., 277 I. C. C. 319 (322). It is 55. Switching services.-If a common carrier cannot safely operate engines used by it in switching service in the locality of a plant over the industry's tracks, it is not obligated to place or receive cars beyond a convenient point where it may do so with safety. not obligated to bring a smaller or different type engine from other parts of its road.-American Chain & Cable Co., Inc., Terminal Allowance, 277 I. C. C. 399 (408); United States Pipe & Foundry Co. Terminal Services, 277 I. C. C. 727 (732). 56. Delivery.—The point at which the carrier's transportation service ends is a question of fact to be determined by the commission and not the courts; its findings on that question will not be disturbed by the courts if supported by evidence.-United States v. United States Smelting Refining & Mining Co., 339 U. S. 186 (193)*. A continuous movement means a movement between the carriers' tracks and the loading and unloading points without any delay or suspension or break in time or continuity of movement due to any circumstance or condition for which the carriers are not responsible. If they cannot do so, their obligation is only to make delivery and receive cars at some convenient point, which may be inside or outside the plant site.-John Morrell & Co. Terminal Allowance, 277 I. C. C. 173 (175)*; American Chain & Cable Co., Inc., Terminal Allowance, 277 I. C. C. 399 (408); Worth Steel Co. Terminal Services, 277 I. C. C. 385. Respondents are under no obligation to classify cars by commodities and place them on separate tracks to make it more convenient for the industry in handling them to unloading points. All services beyond such convenient points are industrial services, not common carrier transportation. Struthers Iron & Steel Co. Terminal Services, 277 I. C. C. 653 (664). The manner in which industrial operations are conducted, the arrangement or condition of its tracks, weighing service, or similar circumstances, are all relevant factors to be considered in connection with the issue whether the service beyond the point of interruption or interference is in excess of that performed in simple switching or team track delivery.-United States Pipe & Foundry Co. Terminal Services, 277 I. C. C. 727 (733). Proposal to specifically exempt livestock from traffic which will be transported by the terminal carrier at Chicago, upon complaint seeking delivery to proposed new plant, and to cancel application on livestock of switching charges, except to and from chutes and sidings at the Union Stock Yards at that point, is not just and reasonable.-Swift & Co. v. Atchison, T. & S. F. Ry. Co., 274 I. C. C. 557 (576)*. Certain well-defined obligations rests upon rail carriers when they accept shipments at line-haul rates calling for shipside delivery. One of these obligations is the actual or constructive notice of the arrival of the shipments, and another is the proper delivery or tender of delivery with reasonable free time in which to unload the lading.-Kansas Milling Co. v. Pennsylvania R. Co., 277 I. C. C. 740 (743). There was no duty upon defendant to make delivery of 1. c. 1. shipment to complainant's store door, after loading the shipment onto complainant's dolly at the curb in front of complainant's place of That empty cars before being placed for loading at the beef dock must first be cleaned and iced at either the pork dock or on the house or hole tracks, is such an interruption and interference as relieves respondents from the obligation of placing empty cars for loading at that dock.-John Morrell & Co. Terminal Allowance, 277 I. C. C. 173 (181)*. 60. Refrigeration and precooling.— Contracts covering, §1 (14) (b), n. 15. The Congress, by specifically mentioning "ventilation" and "refrigeration or icing" had in mind protective service in general. Ventilation is a form of protective service against both heat and cold.-Charges for Protective Service to Perishable Freight, 274 I. C. C. 751 (757)*. 61. Heating.-Rates and charges, §1 (5), n. 593; Heater cars, § 1 (11), n. 12. Protective service against cold is an "instrumentality and facility of shipment or carriage" and a "service in connection with the receipt, delivery * and handling of property transported," within definition of "transportation" in §1 (3) (a), 1906 amendment. Confirmatory evidence of such early intent is provided by the 1940 act, §1 (14) (b), § 20 (6); also, §1 (6) requires safe handling of freight. It is the duty of common carriers under Part I to furnish protective service against cold.—Charges for Protective Service to Perishable Freight, 274 I. C. C. 751 (756, 757, 758)*. 63. Storage.-Storage of property transported is a transportation service only to the extent that the storage is necessarily incidental to transporting such property, and the term is used in § 1 in that limited sense. Storage of commodities for convenience of shippers |
