St. Paul & Tacoma Lumber Co. v. Northern Pac. Ry. Co.

CUSHMAN, District Judge.

Complainant sues for the specific performance of a contract for an intrastate freight rate of $1 per thousand on logs from certain lands acquired by complainant from the defendant shipped to complainant’s mills at Tacoma, and to recover freight charges already paid in excess of that rate. Alternative relief, to be hereinafter considered, is also asked.

Sections 3, 11, and 15 of the act .of Congress (13 Stat. 365) incorporating the Northern Pacific Railroad, among other things, provide:

“Sec. 3. And be it further enacted, that there be, and hereby is, granted to the…