United States v. Miller
223 U.S. 599 (1912)

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U.S. Supreme Court

United States v. Miller, 223 U.S. 599 (1912)

United States v. Miller

No. 607, 608

Argued January 9, 1912

Decided February 26, 1912

223 U.S. 599

Syllabus

Posting of rates as required by § 6 of the Interstate Commerce Act is not a condition of making the tariff legally operative or keeping it in operation.

The nonposting of rates by an interstate carrier will not relieve a shipper from the penalty for violating the Interstate Commerce Act by accepting rebates.

Publication and posting, in the sense in which those terms are used in the Interstate Commerce Act, are essentially different.

One provision of an act will not be so construed as to defeat the object of the act, and the nonposting, or removal of, schedules of rates will not disestablish a published rate.

Congress will not be presumed to have intended that the mere nonposting of schedules of rates in the depots of carriers, or the removal thereof after posting, should disestablish or suspend a rate, which the act provides shall only be changed in the mode prescribed. Kansas City Southern Ry. Co. v. Albers Commission Co., ante, p. 223 U. S. 573.

The facts, which involve the construction of certain provisions of the Interstate Commerce Law as amended by the Hepburn Act of 1906 to regulate commerce, are stated in the opinion.

Page 223 U. S. 602

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