should apply.34 The fact that an article is specifically described in another part of the classification renders improper the application of a rate limited to such articles "not otherwise specified." 35 If it comes to a simple issue where there are two tariff rates on the same articles, the higher rate should not be charged. 36 34 Western Fruit Jobbers' Ass'n v. C., R. I. & P. Ry., 27 I. C. C. 417. 35 Auto Vehicle Co. v. C., M. & St. P. Ry., 21 I. C. C. 286. 36 Ohio Foundry Co. v. P., C., C. & St. L. Ry., 19 I. C. C. 65. CHAPTER XVIII INTERCHANGE OF TRAFFIC § 860. Provisions of the Act. 861. Duties as to connecting services. Topic A. Basis of Through Service § 862. Through service may be undertaken. 863. Presumptions as to through carriage. 864. Effect of the Carmack Amendment. 865. What constitutes connecting service. 866. Obligation of initial carrier to take to connection. 867. Obligation of second carrier to accept. 868. Obligations as to routing. 869. Fixing the blame for misrouting. 870. Carriers not compelled to bill through. 871. Discrimination forbidden where public duty involved. Topic B. Requisites as to Through Rates § 872. Joint rates must be reasonable. 873. Limitations upon joint rates. 874. Nature of a joint rate. 875. Joint rate lower than combination. 876. Concurrence of carriers concerned. 877. Share of separate carrier as evidence. 878. Through rate although transit is broken. 879. Policing of transit privileges. 880. Proportional rates. 881. Export rates. Topic C. Facilities for Interchange of Business § 882. Physical connections at common law. 885. Demand for connecting service. $890. Duty to deliver to connections. 891. Policy of recent legislation. Topic D. Compulsory Joint Through Rating § 892. Jurisdiction of the Commission. 893. Discretion in its exercise. 894. Limitations upon the Commission. 895. The policies involved therein. 896. Protection from short hauling. 897. What routes considered circuitous. 898. Power of the Commission to fix divisions. 899. How divisions are determined. 900. Theories of basing divisions. 901. Constructive mileage. $860. Provisions of the Act. By section 15 as now revised compulsory joint carriage is provided for by this machinery: The Commission may, after hearing, on a complaint or upon its own initiative without complaint, establish through routes and joint classifications, and may establish joint rates as the maximum to be charged and may prescribe the division of such rates as hereinbefore provided and the terms and conditions under which such through routes shall be operated, whenever the carriers themselves shall have refused or neglected to establish voluntarily such through routes or joint classifications or joint rates; and this provision shall apply when one of the connecting carriers is a water line. The Commission shall not, however, establish any through route, classification, or rate between street electric passenger railways not engaged in the general business of transporting freight in addition to their passenger and express business and railroads of a different character, nor shall the Commission have the right to establish any route, classification, rate, fare, or charge when the transportation is wholly by water. If the carriers cannot come to an agreement as to the divisions of the through rate, the Commission may then fix the divisions itself in a subsequent proceeding. But in establishing such through route, the Commission shall not require any company, without its consent, to embrace in such route substantially less than the entire length of its railroad and of any intermediate railroad operated in conjunction and under a common management or control therewith which lies between the termini of such proposed through route, unless to do so would make such through route unreasonably long as compared with another practicable through route which could otherwise be established. § 861. Duties as to connecting services. There can be no doubt at common law of the fundamental proposition that no carrier has any standing in law to demand, as a matter of right, that another carrier shall make any joint arrangements for through service. All that the law of the land requires of a carrier is that it shall perform for anyone the service it is offering to the public. The law does not compel a carrier to associate itself in performing service with another carrier but it does require a carrier to accept goods from another carrier for further transportation. In other words, a carrier is bound to do for goods coming through by a preceding carrier what it would be bound to do for goods if offered at its terminus by the shipper in person. The original Act provided simply for connecting carriage, but it did not go much further than the common law; section 3, which is still in force yet reads as follows: Every common carrier subject to the provisions of this Act shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall not discriminate in their rates and charges between such connecting lines; but this shall not be construed as requiring any such common carrier to give the use of its tracks or terminal facilities to another carrier engaged in like busi ness. Topic A. Basis of Through Service § 862. Through service may be undertaken. The rule is generally recognized that the obligation of a carrier to transport goods is limited to the route over which it professes service. But although a carrier, therefore, cannot be called upon to undertake the transportation of goods beyond its own route, it may voluntarily assume through transportation, relying upon its connections as agencies to fulfill its undertaking. For while a railroad cannot be compelled to accept and to agree to carry goods to points beyond its own line, yet it may do SO. And if the carrier expressly or impliedly contracts to carry from the consignor to the consignee it will be liable as a common carrier for the whole distance. Another example is the acceptance of a telegram by the initial company upon the basis that it will be responsible for its delivery at its destination, although that is a point upon the lines of another company. These are but two instances, although by far the most prominent of the possibility that although a public service company may not be compelled to go outside its profession it may voluntarily undertake to do so. 89 § 863. Presumptions as to through carriage. In England and in some of the United States, the presumption is that when goods are taken marked for a point beyond the route of the initial carrier, through service is assumed. In the leading English case, Muschamp v. Lancaster and Preston Junction Railway Company 90 it was held that such acceptance of goods so marked in itself made out a prima facie case from which the jury were justified in finding the accepting carrier liable as such even for a loss occurring beyond its own line. By the weight of American authority, however, the natural pre 88 Missouri, K. & T. Ry. v. McCann, 174 U. S. 580, 43 L. ed. 1093, 19 Sup. Ct. 755. 89 Stevenson V. Montreal Telegraph Co., 16 Upp. Can. 2 B. 530. 90 8 M. & W. 421. |