Second-The practice, if lawful, of giving to Kansas City, on shipments from the west through Pueblo, Colorado Springs, Denver and Cheyenne, and from the northwest through Cheyenne, rates not higher than on such shipments to Omaha, furnishes no warrant for giving Omaha rates from Texas points not higher than those to Kansas City,-the circumstances and conditions in the two cases being substantially dissimilar. Third-Through rates are matters of contract between carriers composing through lines, and the commission has no power to compel connecting carriers to contract with each other. Fourth. In a case before the commission, instituted by complaint and strictly inter partes, matter not expressly put in issue by the pleadings or necessarily involved in issues so presented, cannot be authoritatively determined by the commission. Fifth-if, in cases of shipments under a through bill of lading and a through rate, the privilege of "stoppage in transit" at an intermediate point and trying the market there, and, if it be found unsatisfactory, of reshipping on to the point of original destination at the balance of the through rate, be lawful, the granting of it to one locality and denying of it to another under substantially similar circumstances, would be an unjust discrimination against the latter. Sixth. The maxima class rates between Omaha and Texas points should not be as high as those between Chicago and Texas points, and should not exceed those between Davenport, Rock sland and Moline and Texas points, and the rate on syrup from Omaha should not be in excess of that from Davenport. |