United States v. Miller

Background

These cases arise from indictments charging shippers with soliciting or accepting secret rebates from common carriers (railroads) under the 1906 law regulating interstate commerce. The lower Circuit Court dismissed the indictments because they did not allege that the carriers had kept printed tariff copies posted in two conspicuous places in depots, stations, or offices as the statute described. The issue brought to the Court was whether depot posting is essential to make a tariff the legally binding rate.

Reasoning

The Court examined the statute’s language requiring carriers to file schedules with the federal commission, print them, and keep copies posted for public inspection. It concluded that “publication” (filing and printing) and “posting” are separate duties. Publication is the step that establishes and makes rates legally operative; posting is a continuing duty to help the public find those rates. Because posting is not a condition precedent to establishing a tariff, the absence of posted copies in a depot does not disestablish the rates or prevent enforcement based on the filed and printed schedules.

Real world impact

The Court reversed the dismissals and sent the cases back for further proceedings, meaning prosecutions for accepting rebates can continue when rates were properly filed and printed even if depot postings were missing. The opinion also noted that whether carriers face separate penalties for failing to post is a different question not decided here.