Private Freight Cars And American Railways

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390.
lg PRIVATE FREIGHT CARS [l8o Although in these cases the Commission stated its opinion that it had jurisdiction over icing charges, it refrained from issuing an order. Consequently the mat- ter has not been taken to the courts, and the point has never been judicially determined. The car companies continued to deny this power to the Commission, and asked for an order so that they might take the matter to court and procure a final decision. Without discussing the opposing arguments and the p
...ossible outcome of the matter if it had gone to the courts, suffice it to say that the question was put to rest by Congress in 1906, when in its rate law it included in the definition of transporta- tion, " all services in connection with the receipt, de- livery, . . . ventilation, refrigeration, storage, and hand- ling of property transported." The inclusion of the single word " refrigeration " had the result of definitely adopting the contention of the Interstate Commerce Commission, as quoted in the cases above, and now icing charges are accordingly published by the railroads in their tariffs.

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