taken over the whole subject of terminals, team tracks, switching tracks, and sidings, of interstate railways, as to invalidate all State regulations relative to the interchange of traffic. On the other hand where a line haul is terminating in a delivery involving switching, it was held in the later case 32 that the question whether there is at any point an additional service performed by the carrier in the receipt and delivery on industrial spur tracks within the switching limits in a city of carload freight moving in interstate commerce, upon which such carrier may base an extra charge, in addition to the line-haul rate to or from such city, or whether there is merely a substituted service which is substantially a like service to that included in the line-haul rate, and not received, is a question of fact to be determined according to the actual conditions of operation, and one upon which it is manifestly the province of the Interstate Commerce Commission to pass. § 151. Scope for State police power.

It will have been noticed that the problem is how far the conduct of interstate commerce should be left subject to the same law throughout the Union without disturbance by local law, and how far the police power of the State may be exercised by general legislation applying to the conduct of interstate commerce as well as to all things done within its borders. Thus a State may prohibit a railway from receiving even for interstate shipment hides not duly inspected to prevent fraudulent shipment of branded skins, because of the peculiar necessity for such policy in those regions. 33

32 Interstate Commerce Commission v. Atchison, T. & S. F. Ry., 234 U. S. 294, 34 Sup. Ct. 814.

The position of the Commission is that when under tariffs, carriers agree to switch, upon order of consignee, the transportation service to be performed by the carrier is not ended until cars are given terminal

And a State may by

delivery directed by consignees, and it follows that switching service does not constitute a local transaction, but interstate commerce. Badenoch Co. v. Chicago & N. W. Ry., 22 I. C. C. 36.

33 New Mexico ex rel. v. Denver & R. G. R. R. Co., 203 U. S. 38, 51 L. ed. 78, 27 Sup. Ct. 1.

general law prohibit running of freight trains interstate as well as intrastate on Sunday, this statute governing the conduct of all within the jurisdiction.34 To safeguard its citizens a State may require that all locomotive engineers operating trains within its borders shall be examined and licensed.35 Likewise a State may require all locomotives to be equipped with electric headlights of high power.36 And it may make rules for safety appliances generally applicable to all cars moving within its borders.37 Perhaps the State may go to this length in the exercise of the police power strictly in regulating service. Thus a State may regulate the heating of cars, those upon inter

state trains as well as others.38

34 Hennington v. Georgia, 163 U. S. 299, 41 L. ed. 166, 16 Sup. Ct. 1086.

35 Smith v. Alabama, 124 U. S. 465, 31 L. ed. 508.

36 Atlantic Coast Line R. R. v.

Georgia, 234 U. S. 280, 34 Sup. Ct. 829.

37 Luken v. Lake S. & M. S. Ry., 248 Ill. 377, 94 N. E. 175.

38 New York, N. H. & H. R. R. Co. v. New York, 165 U. S. 628, 41 L. ed. 853, 17 Sup. Ct. 418.

§ 193. Joint rates.

194. Tap lines.

195. Plant facilities.

196. Line haul.

197. Intermingled service.

Topic D. Public Duty

§ 198. Public obligation the fundamental principle.

199. Nature of the public duty.

200. Limitations upon the profession.

201. Public duty the basis.

202. Extent of the carrier's route.

203. Scope of the service.

204. Carriage of live stock.

205. Carriage of rolling stock.

206. Profession limited to car service.

207. Special trains.

208. Forwarders offering consolidated shipments. 209. Problem of dependent service.

§ 160. Provisions of the Act.

By section 1 of the Act as it now reads the jurisdiction of the Commission covers any corporation or any person or persons engaged in the transportation of oil or other commodity, except water and except natural or artificial gas, by means of pipe lines, or partly by pipe lines and partly by railroad, or partly by pipe lines and partly by water; telegraph, telephone and cable companies (whether wire or wireless); and any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad (or partly by railroad and partly by water when both are used under a common control, management, or arrangement for a continuous carriage or shipment). The term "common carrier" as used in the Act shall include express companies and sleeping-car companies. The term "railroad" as used in this Act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease, and shall also include all switches, spurs, tracks, and terminal

facilities of every kind used or necessary in the transportation of the persons or property designated herein, and also all freight depots, yards, and grounds used or necessary in the transportation or delivery of any of said property; and the term "transportation" shall include cars and other vehicles and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof and all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported. The extent of the powers of the Commission over the rendering of service as the Act now stands is more fully set forth in Chapter XIX.

161. Continual extension of jurisdiction.

The service subject to the original Act to Regulate Commerce of 1887 was primarily railroad transportation. Water carriers were included only in so far as they were in concurrence with a rail line under a common management. As the original Act of 1887 read it only covered interstate and carriers by railroad, or partly by railroad and partly by water when both are used under a common control, management or arrangement for a continuous carriage or shipment. The parenthesis was not put around the latter clause until the revision of 1906; and at the same time power was given to the Commission to establish joint rates between carriers by land or sea who are actually engaged in carrying by rail and water in commerce moving between States. Pipe lines, express services and sleeping cars were added to the services subject to the Act in 1906. Telegraph, telephone and cable companies, whether wire or wireless, were put under the jurisdiction of the Commission in 1910. Services incidental to transportation were more elaborately enumerated in 1906; and jurisdiction over allowances for them more particularly covered in 1910. By the Panama Act of 1912, further jurisdiction