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PAGE

p. 429.

c. 86.

Illinois (cont.)

1907, Oct. 16, Laws of
1907, p. 102.

515
1907, Dec. 6, Ill. R. S.,
p. 144....

514 Indiana. 1883, March 6, c. 115,

622, 623, 624, 625 Const., Art. 4, $ 19.... 623 Kentucky.

1890, May 20, Pub. Laws,

c. 1621, p. 143..636, 637 1890, May 20, Carroll's

Ky. Stat., 88 3915,

3916, 3917. 220, 221 1906, March 21, Sess. Laws, 1906, C. 117,

.220, 221, 636 1908, March 13, Sess. Laws, 1908, c. 8, p. 38

221, 636 Stats., § 3915......636, 637

$ 3941a ....636, 637, 639 Const. 1891, 8 198..220,

221, 636, 637 Minnesota. 1894, Stat. 1894, cc. 66,

74, $$ 5194, 5195.. 397 $8 5204, 5205, 5771, 5773.

397

659 1899, Laws of 1899,

659 88 1,3

662 $ 11...

665 Rev. Laws (1905), $ 2864 660

88 3184-3190 ....659, 660 § 3185..

662 $ 3190.

665 $ 4076.

652 Gen. Stat., c. 74...... 387 Gen. Stat. 1894, § 2599.. 660

Const., Art. 10, 83.... 658 Mississippi.

Rev. Code 1857, Art. 8,

p. 541; Hutchinson's

Code, p. 773........ 376 Rev. Code 1871, § 975.. 376 Code of 1906, c. 43.... 378 $ 550.

376 ŠS 1862, 1865, 1866,

1867, 1868, 1871.. 379 Const., § 17.

379

Missouri.

1855, Laws of 1855,

pp. 229, 516, 517, 322 1863-64, Laws of 186364, p. 312...

322 1870, Laws of 1870, p. 231 322 Rev. Stat. 1889, 88 58565859...

157 Rev. Stat. 1899, $$ 7897– 7900..

157 § 8966... 203, 207, 208 Rev. Stat. 1909, $ 10301

203, 207, 208 8 10304.

208 Nebraska,

1907, Comp. Stat. of

1907, 93549..... 322 New Hampshire.

1863, Laws of 1863,
c. 2822...

322 1867, Laws of 1867,

322 New Jersey.

1799, Comp. Stat.,

p. 2308....321, 322, 324 New Mexico.

1907, Laws of 1907,
c. 83, 8 55...

S8 New York. 1803, Laws of 1803,

322 1810, Laws of 1810, c. 61.

322 1812, Laws of 1812, c. 60..

322 1831, Laws of 1831,

322 1847, Laws of 1847, c. 288.

322 1848, Laws of 1848, c. 306...

320 1850, Laws of 1850, c. 314....

322 1857, Laws of 1857,

320 1860, Laws of 1860, c. 266..

320 1864, Laws of 1864, c. 290...

320 1868, Laws of 1868, c. 778...

320 1870, Laws of 1870, c. 731..

322

..389,

c. 76..

C. 37.

c. 272....

c. 105....

c. 692......

PAGE

PAGE

New York (cont.)

Philippine Islands (cont.) 1873, Laws of 1873,

Act No. 194.... 96 c. 300..

320
82..

100 1881, Laws of 1881,

$ 4..

102 c. 652..

320
Act No. 277.

101 1886, Laws of 1886,

Act No. 612, $ 2. ....93, c. 674.. 322

97, 98, 101 1892, Laws of 1892, c. 690, South Carolina. $ 88..

155 Civ. Code, 1902, $ 2223 546 1901, Laws of 1901, Tennessee. C. 442.

322 1865–6, c. 40, $ 5...... 618 1907, Laws of 1907,

Shannon's Comp. Laws,
c. 392.

322
§ 4165.

...616, 618 Code Civ. Proc., $382.. 666

8 4179.

618 $ 394.. ....666, 667 Texas. Ohio.

1909, March 13, Laws Rev. Stat., § 4150..405, 409

of 1909, p. 93.. 415 4197.

406

Rev. Civ. Stat. 1911,
Gen. Code, c. 4.

407

Arts. 2178, 2179... ... 415 $ 8560..

.405, 406 Vermont. 8619

406 1799, Laws of 1799, p. 63 322 2 Bates' Ann. Stat.,

1801, Laws of 1801, p. 72 322 $8 5374, 5383, 5470,

1820, Laws of 1820, 5483, 5531, 5548,

c. 115..

322 5555.

365 1890, Laws of 1890, Oklahoma.

c. 116..

322 Snyder's Comp. Laws,

1896, Laws of 1896,
88 5627, 6122...

74
c. 298...

322 $$ 5634, 5642, 5668.. 75 Virginia. Philippine Islands.

1887, Laws of 1887, Penal Code, 1911, p. 167,

c. 391, 3..

226 $82, 6.

101 1888, Feb. 13, Laws of Crim. Code of Proc.,

1888, c. 118. ... 226 88 12, 13.

Washington.
Acts of Phil. Comm.,

1901, Feb. 8, Sess. Laws,
Act No. 136.

101
1901, p. 7.

110 88 18, 39..

102 1907, March 16, Sess. Act No. 183, § 39.... 97 Laws, 1907, p. 498... 112

88 40, 44.....95, 96, 97 1907, March 18, Sess. Act No. 186...

96

Laws, 1907, p. 582.... 112

95

(C.) TREATIES.

Cuba.

1902, Dec. 1..... 629
Art. II.,

630 Art. VIII. .630, 631 Great Britain.

1909, Jany, 11, Art. I,

36 Stat. 2448... 338 Indians.

1837, July 29, Art. 3,
7 Stat. 536..

250

Indians (cont.)

1842, Oct. 4, Art. 4, 7
Stat. 591.

250
1847, Aug. 2, Art. 4, 9
Stat. 904...

250 1854, Sept. 30, 10 Stat. 1109..

.249, 261 1855, Feb. 22, Art. I, 10 Stat. 1165.

437

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Indians (cont.)
Art. II...

425, 437 Art. VI.

250 Art. VII.....424 et seq. Art. VIII.

436 1863, March 11, 12 Stat. 1249.

427

Indians (cont.)
1865, 13 Stat. 693..427,

434, 440, 441, 443 1867, March 19, 16 Stat. 719..246, 427, 434,

440, 441, 443 Art. 4.

250

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Nos. 829, 830, 831, 832, 833, 834, 835, 836. Argued April 8, 9, 13, 1914.

Decided May 25, 1914.

An order of the Interstate Commerce Commission, based on its finding

that the service rendered by a connecting line is not a service of transportation by a common carrier railroad, but a plant service by a plant facility, to the effect that allowances and divisions of rates

Docket titles of the Tap Line Cases are: No. 829. United States and Interstate Commerce Commission v. Louisiana & Pacific Railway Co.; No. 830. Atchison, Topeka & Santa Fe Railway Co. v. Louisiana & Pacific Railway Co.; No. 831. United States and Interstate Commerce Commission v. Woodworth & Louisiana Central Railway Co.; No. 832. Atchison, Topeka & Santa Fe Railway Co. v. Woodworth & Louisiana Central Railway Co.; No. 833. United States and Interstate Commerce Commission v. Mansfield Railway & Transportation Co.; No. 834. Atchison, Topeka and Santa Fe Railway Co. v. Mansfield Railway & Transportation Co.; No. 835. United States and Interstate Commerce Commission v. Victoria, Fisher & Western Railroad Co.; No. 836. Atchison, Topeka & Santa Fe Railway Co. v. Victoria, Fisher & Western Railroad Co. VOL. CCXXXIV–1

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are unlawful and must be discontinued, is affirmative in its nature

and subject to judicial review by the Commerce Court. Where the validity of an order of the Interstate Commerce Commission

directing discontinuance of divisions of rates with another railroad depends upon whether the latter is a common carrier or a plant facility, the determination of that question upon undisputed facts

is a conclusion of law which is subject to judicial review. Although a railroad may have originally been a mere plant facility,

after it has been acquired by a common carrier duly organized under the law of the State and performing service as such and regulated and operated under competent authority, it is no longer a plant facility but a public institution, even though the owner of the industry of which it formerly was an appendage is the principal shipper

of freight thereover. The extent to which a railroad is in fact used does not determine

whether it is or is not a common carrier, but the right of the public

to demand service of it. Railroads owned by corporations properly organized under the laws of

the State in which they are and treated as common carriers by the State, authorized to exercise eminent domain, dealt with as common carriers by other railroad corporations, and engaged in carrying for hire goods of those who see fit to employ them, are common carriers for all purposes, and cannot be treated as such as to the general public and not as to those who have a proprietary interest in the cor

porations owning them. Congress has expressly excepted the transportation of lumber from

the operation of the commodities clause, and had power so to do.

United States v. Del. & Hudson Co., 213 U. S. 366. Debates in Congress may be resorted to for the purpose of showing that

which prompted the legislation. This court will not, in interpreting the power of the Interstate Com

merce Commission in regard to a particular traffic, ignore a declaration of public policy in regard to that traffic as shown by an enact

ment of Congress. Congress, by the exemption of lumber from the operation of the com

modities clause, shows that it regarded railroad tap lines for lumber, owned and operated by the owners of the timber, as essential for the

development of the timber interests of the country. It is beyond the authority of the Interstate Commerce Commission to

order a tap line to cease a division of rates as to lumber owned by it or by those having proprietary interest therein, if it is allowed such division as to lumber shipments by others.

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