State & Port Authority v. Northern Pacific Railway Co.

I think that it makes no difference whether the rates fixed by the commission be called a “tariff” or just plain “rates.” Section 216.19 (§ 4644), governing rate proceedings instituted upon complaint, provides that the “tariff” of rates fixed shall be in force during the pendency of an appeal. Section 216.20 (§ 4645) adopts this provision in cases started by the attorney general. Section 216.21 (§ 4646), governing proceedings initiated by the commission itself, provides that the “rates” established shall be in force during the pendency of an appeal. It is deferentially submitted that there is…