[45]. Investigation of the Commission, 1889.
[46]. Report, Interstate Commerce Commission, 1889, p. 14.
[47]. Pages 103–107, I. C. C. Rep. 1895.
[48]. Report, 1897, p. 61.
[49]. See p. 20 above.
[50]. Heard v. Georgia R. R., 1 I. C. C. Decis. 428, and 3 I. C. C. Decis. 111. But the United States Supreme Court decided against the Commission on this point May 1, 1892 (145 U. S. 263), and the B. & O. tickets for parties of 10 or more at ⅓ less than the regular rates were sustained.
[51]. 2 I. C. C. Decis. 649, and 3 I. C. C. Decis. 465.
[52]. This rule of exemption works great injustice under present conditions. It was built into the common law when people were struggling against oppressors in high places. But the conditions which made it useful have long since passed away, and it is now simply a millstone about the neck of justice.
[53]. Senate Committee, 1905, iv, pp. 2900–2901. Speaking of an investigation of rebates on flour from Minneapolis and Duluth, the Commission says (p. 8, Report for 1898): “All the railway witnesses denied knowledge of any violation of the statute, and most of the accounting officers testified to the effect that if rebates had been paid they would necessarily know about it and that their accounts did not show any such payments. It was nevertheless fully established by the investigation that secret rate concessions had been generally granted on this traffic and that the carrier had allowed larger rebates to some of the flour shippers than to others.”
[54]. I. C. C. Rep. 1889, p. 75.