between competing roads. The amount of the immigrant traffic was insignificant compared with the general traffic of the railroads, and there was no discriminations against individuals, as the immigrants were forwarded at the domestic published rates and that the arrangements had eventually prompted the protection and greatly improved the comfort and treatment of immigrants. The Commission declined therefore to take any action in the premises.

It would therefore follow that the prohibition of this section. must be limited to an actual pooling of freights of competing railroads or the division of earnings, and would not include agreements between carriers looking to the convenient and expeditious handling of their business at terminal points which are not for revenue and therefore not subject to the specific prohibition of this section or of the Anti-Trust Act. See infra, $324.

$230. The relation of the section to the Anti-Trust Law of 1890.- The prohibition of pooling contained in this section has been considered in connection with the judicial discussion of the prohibition of all forms of combination whether of trusts or otherwise in restraint of interstate commerce contained in the Anti-Trust Law of 1890.

This section prohibits only the specific form of combination. which comes under the definition of pooling, and it is limited to such agreements made by a common carrier subject to the provisions of the Act "with any other common carrier or carriers." Thus it was ruled in the case of a complaint alleging an agreement for the pooling of freight between certain railroads and the Standard Oil Company, 5 I. C. C. R. 415, 4 Int. Com. Rep. 162, that such an agreement for the pooling of traffic between a carrier by rail and a carrier by pipe line did not fall within the description of contracts prohibited by section 5. In the opinion as to the relation of express companies to the act, holding that they were not included therein (see section 1, supra), the Commission said that the prohibition of section 5 did not include express companies, who were therefore at liberty to pool their earnings. 1 I. C. C. R. 349, 1 Int. Com. Rep. 677.

In United States v. Trans-Missouri Freight Association, 166 U. S. 290, 41 L. Ed. 1007, it was urged that as the Commerce

Act related solely to railroads and their proper regulation and management, the act of 1890 should be construed as applying to all contracts of the nature therein described, entered into by any other than competing common carriers by railroads for the purpose of establishing rates of traffic and transportation. But the Court said that the fifth section of the Interstate Commerce Act prohibited what was termed "pooling," because prior to the passage of the Act railroad companies had sometimes endeavored to regulate competition and maintain rates by pooling arrangements, and in the Act that kind of arrangement was forbidden, and while the Act did not prohibit such an agreement as that of the Trans-Missouri Freight Association, it did not authorize it, and both statutes stand, as neither was inconsistent with the other. The court said that the amendment of the Interstate Commerce Act would not have been an appropriate method of dealing with other devices to suppress competition for the reason that the later act included other parties than common carriers. (See Act of 1890, infra).

$231. Pooling as a defense to action of the carrier.- In D. L. & W. R. Co. v. Frank et al, 110 Fed. Rep. 689, the United States Circuit Court for the western district of New York, denied an injunction against certain ticket brokers as to special excursion tickets issued for the Pan-American Exposition at Buffalo on the ground that the complainant with other railroads had made an unlawful combination for the fixing of rates and pooling earnings.

A contrary ruling however has been made in the United States Circuit Court for the eastern district of Missouri, unreported, and in Kinner v. Lake Shore & Michigan So. Ry Co., 69 Ohio St. Rep. 339, on the ground that the alleged unlawful combination did not relate to the specific business sought to be enjoined.

SECTION 6.

Page

§ 232. Printing and posting of schedule of rates, fares and charges

239. Published joint rates must be duly authorized..... 240. Application to export and import rates :

280

281

$232. Printing and posting of schedules of rates, fares and charges, etc.- SEC. 6. (As amended March 2, 1889). That every common carrier subject to the provisions of this act shall print and keep open to public inspection schedules showing the rates and fares and charges for the transportation of passengers and property which any such common carrier has established and which are in force at the time upon its route. The schedules printed as aforesaid by any such common carrier shall plainly state the places upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force, and shall also state separately the terminal charges and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates and fares and charges. Such schedules shall be plainly printed in large type, and copies for the use of the public shall be posted in two public and conspicuous places, in every depot, station, or office of such carrier where passengers or freight, respectively, are received for transportation, in such form that they shall be accessible to the public and can be conveniently inspected.

Any common carrier subject to the provisions of this act receiving freight in the United States to be carried through a foreign country to any place in the United States shall also in like manner print and keep open to the public inspection, at every depot or office where such freight is received for shipment, schedules showing the through rates established and charged by such common carrier to all points in the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped from the United States through a foreign country into the United States, the through rate on which shall not have been made public as required by this act, shall, before it is admitted into the United States from said foreign country, be subject to customs duties as if said freight were of foreign production; and any law in conflict with this section is hereby repealed.

No advance shall be made in the rates, fares and charges which have been established and published as aforesaid by any common carrier in compliance with the requirements of this section, except after ten days' public notice, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the increased rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. Reductions in such published rates, fares or charges shall only be made after three days' previous public notice, to be given in the same manner that notice of an advance in rates must be given.

And when any such common carrier shall have established and published its rates, fares, and charges in compliance with the provisions of this section, it shall be unlawful for such common carrier to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of passengers or property, or for any services in connection therewith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force.

Every common carrier subject to the provisions of this act shall file with the Commission hereinafter provided for copies of its schedules of rates, fares, and charges which have been established and published in compliance with the requirements of this section, and shall promptly notify said Commission of all changes made in the same. Every such common carrier shall also file with said Commission copies of all contracts, agreements, or arrangements with other common carriers in relation to any traffic affected by the provisions of this act to which it may be a party. And in cases where passengers and freight pass over continuous lines or routes operated by inore than one common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint tariffs shall also, in like manner, be filed with said commission. Such joint rates, fares, and charges on such continuous lines so filed as aforesaid shall be made public by such common carriers when directed by said Commission, in so far as may, in the judgment of the Commission, be deemed practicable; and said Commission shall from time to time prescribe the measure of publicity which shall be given to such rates, fares and charges, or to such part of them as it may deem it practicable for such common carriers to publish, and the places in which they shall be published.

No advance shall be made in joint rates, fares, and charges, shown upon joint tariff's, except after ten days' notice to the Commission, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the

increased rates, fares, or charges will go into effect. No reduction shall be made in joint rates, fares, and charges, except after three days' notice, to be given to the Commission as is above provided in the case of an advance of joint rates. The Commission may make public such proposed advances, or such reductions, in such manner as may, in its judgment, be deemed practicable, and may prescribe from time to time the measure of publicity which common carriers shall give to advances or reductions in joint tariffs.

It shall be unlawful for any common carrier, party to any joint tariff, to charge, demand, collect, or receive from any person or persons a greater or less compensation for the transportation of persons or property, or for any services in connection therewith, between any points as to which a joint rate, fare, or charge is named thereon than is specified in the schecule filed with the Commission in force at the time.

The Commission may determine and prescribe the form in which the schedules required by this section to be kept open to public inspection shall be prepared and arranged, and may change the form from time to time as shall be found expedient.

If any such common carrier shall neglect or refuse to file of publish its schedules or tariffs of rates, fares, and charges as provided in this section, or any part of the same, such common carrier shall, in addition to other penalties herein prescribed, be subject to a writ mandamus, to be issued by any Circuit Court of the United States in the judicial district wherein the principle office of said common carrier is situated, or wherein such offense may be committed, and if such common carrier be a foreign corporation in the judicial circuit wherein such common carrier accepts traffic and has an agent to perform such service, to compel compliance with the aforesaid provisions or this section; and such writ shall issue in the name of the people of the United States, at the relation of the Commissioners appointed under the provisions of this act; and the failure to comply with its requirements shall be punishable as and for a contempt; and the said Commissioners, as complainants, may also apply, in any such Circuit Court of the United states, for a writ of injunction against such common carrier, to restrain such common carrier from receiving or transporting property among the several states and territories of the United States, or between the United States and adjacent foreign countries, or between ports of transshipment and of entry and the several states and territories of the United States, as mentioned in the first section of this act until such common carrier shall have complied with the aforesaid provisions of this section of this

act.

§ 233. Amendments. This section was amended by act of March 2nd, 1889, in the first series of amendments made to the Act. The amendment provided in the first paragraph for