66 Pa. Super. 243 | Pa. Super. Ct. | 1917
Opinion by
This is an appeal from the decision of the Public Service Commission requiring the Pittsburgh Railways Company to desist from collecting an increased rate of fares which the company undertook to establish by a supplementary schedule of fares filed with the Public Service Commission on May 22, 1916. The paper filed with the Public Service Commission was contained in a cover bearing the following superscription: “Supp. No. 2, P. S. C. Pa. No. 1,” but having no other indication of the contents of the enclosure. Copies of the schedule were sent to agents of the appellant at its offices and the stations where the business of the company was transacted and with each copy so sent was a letter containing the following instruction: “This is to be kept with the copy of the schedule and rates of fares for street car service on file at your station.” The copies of the amended schedule thus distributed were placed by the employees to whom they were sent, among the papers of the company there
It is true, as pointed out in the appellant’s argument, that the requirement of the Interstate Commerce law that schedules should be posted in two public and conspicuous places in every depot, etc., was not made a condition precedent to the establishment and putting in force of the tariff of rates but was a provision based upon the existence of an established rate, as was decided in Tex. & Pac. R. R. Co. v. Cisco Oil Mill, 204 U. S. 449. And the same ruling was made in Kan. City Southern Ry. Co. v. C. H. Albers Com. Co., 223 U. S. 573, and in United States v. Miller, 223 U. S. 599. But these decisions dealt with the establishment of the original tariffs. The companies were compelled to adopt schedules. They were also required to post the same in two public and conspicuous places in every depot, but this posting was not made a condition on which the rates
The commission reached the conclusion that the amended tariff as filed did not plainly state the exact change proposed to be made and whether such change was an increase or decrease. We do not deem it necessary to enter into a discussion of the evidence on that subject as the first objection to the regularity of the procedure to change the rate is sufficient to support the action of the commission. We hold that the notice of a proposed change of the tariff and schedule was not posted and published as required by the statute; that such posting and publishing was a condition precedent to the taking effect of the changed rate and that the action of the commission in restraining the appellant from putting the new rate into operation was a lawful exercise of authority.
The appeal is dismissed at the cost of the appellant.