Appeal from a decree of the district court, three judges sitting, denying a motion of appellants for interlocutory injunction against an order of the Michigan Railroad Commission, and the denial of a motion of appellants for the continuance of a restraining order theretofore entered in the case.
The Commission was constituted by the Public Acts of the state, and invested with quite full and detailed powers of regulation of the railroads of the state. Act No. 300 of the Public Acts of Michigan of 1909, as amended by act No. 139, 1911.
Section 7, as originally enacted and as amended, is alone specially relevant to the discussion, and is inserted in the margin, subdivision (d) being the amendment.
(55) Sec. 7. (a) All railroads subject to the provisions of this act shall afford all reasonable and proper facilities by the establishment of switch connections between one another and the establishment of depots and otherwise for the interchange of traffic between their respective lines and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith, and shall transfer and deliver without unreasonable delay or discrimination any freight or cars or passengers destined to any point on its own line or on any connecting line, and shall not discriminate in their rates and charges between such connecting lines: Provided, precedence may be given to live stock and perishable property. Nothing in this act shall be construed as requiring any railroad to give the use of its tracks or terminal facilities to another railroad engaged in like business. Any person or any officer or agent of any corporation or company who shall deliver property for transportation to any common carrier subject to the provisions of this act shall have the right and privilege of routing such shipments, and of prescribing and directing over what connecting line property so shipped shall be transported. and it shall be the duty of the initial carrier to observe the direction of such person or such officer or agent of any corporation or company, and to cause such freight to be transported over such connecting line as may be directed and required by such shipper.
(57) (c) Every corporation owning a railroad in use shall, at reasonable times and for a reasonable compensation, draw over the same the merchandise and cars of any other corporation or individual having connecting tracks; providing such cars are of the proper gauge, are in good running order, and equipped as required by law, and otherwise safe for transportation, and properly loaded; Provided further, if the corporations cannot agree upon the times at which the cars shall be drawn, or the compensation to be paid, the said commission shall, upon petition of either party and notice to the other, after hearing the parties interested, determine the rate of compensation and fix such other periods, having reference to the convenience and interests of the corporation or corporations and the public to be accommodated thereby, and the award of the commission shall be binding upon the respective corporations interested therein until the same shall have been revised.
(57a) (d) Every common carrier operating within this state shall receive and transport at reasonable rates any and all carload traffic offered for transportation under the usual conditions, locally consigned between points in the same city or town, and shall receive and transport at reasonable rates from any junction point or transfer point or intersection with another railroad in such city or town any and all such carload freight destined to team tracks or other sidings on any line operated by the delivering carrier, and shall deliver such car or cars upon such team tracks or sidings in the city or town where such car or cars are received from such connecting line, when required so to do; Provided, that when delivery is requested, which will involve the use of a private siding not owned or controlled by consignee, said After the amendment took effect, and on July 29, 1912, the Grand Trunk System, which is constituted of a number of railroad lines, published a tariff of charges, to be effective September 1, 1911, which, among other things, set forth the rates for the designated services within the corporate limits of the city of Detroit, and as to team track services, as follows:
'In case team track deliveries are required for the unloading of shipments received from other carriers, or when such team tracks are used for the unloading of shipments for delivery to other carriers, $3 per car in excess of the charge made for switching to or from industrial sidings will be assessed.'