187 Ind. 660 | Ind. | 1918
— This is an appeal from a judgment of the Porter Superior Court in an action brought by appellant for the purpose of annulling and setting aside an order of the Public Service Commission of Indiana made in a proceeding instituted against appellant before that body by the Chicago, Lake Shore and South Bend Railway Company, by which appellant was required to establish joint through rates between all points on its road within
The decision of the questions thus presented involves a consideration of the law as well as the facts upon which the order is based.
By §5540 Burns 1914, Acts 1911 p. 545, .it is provided that the classification of freight on all railroads in this state shall be uniform, and every such carrier shall print in plain type and file with the commission schedules, which shall be open to public inspection, showing all rates, fares, and charges for transportation of passengers and property, and schedules of joint rates showing all joint rates, fares, and charges for transportation of passengers and property which it has established and which are in force at the time between all points in this state upon its line or any line controlled or operated by it, and upon its line or any one or more connecting lines.
Section 5533 Burns 1914, Acts 1913 p. 725, among other provisions, contains the following: “(b) The said commission shall have power and it shall be its duty, as hereinafter provided, upon failure of the railroad companies so to do, to fix and establish for all and any connecting lines of railroads in this state reasonable joint rates of freight, transfer and switching charges for the various classes of freight and cars that
It may not be out of place here to remark that §15 of the Interstate Commerce Act (34 Stat. at L. 590,-§8583 U. S. Comp. Stat. 1916), prior to its amendment in 1910, granted power to the commission to compel the establishment of through routes and joint rates between places only, “provided no reasonable through rates existed.” In' 1910 this section was so amended as to omit the provision just quoted.
It is not controverted in this case that the two companies affected are each engaged in operating lines of railroad as common carriers, and that there exists a physical connection between such lines; but appellant asserts that the evidence shows no such necessity or reasonable requirement on the part of shippers as calls for the fixing of joint rates between any point within this state located on its line and any other point within the state located on the line operated by the Chicago, Lake Shore and South Bend Railway Company.
The judgment is reversed, with directions to sustain appellant’s motion for a new trial, and for further proceedings not inconsistent with this opinion.
Note. — Reported in 121 N. E. 540. Power of legislature to delegate to the Public Service Commission authority to fix rates, 32 L. R. A. (N. S.) 649. See under (3, 4, 7) 10 C. J. 429.