Resort to suit for injunction is made easy in rate controversies like the present by section 41, p. 1432, in which it is provided that the penalties for failure to obey the commission's orders imposed by sections 35, 39, and 59, pp. 1430, 1431, shall not apply to an order declaring a rate unreasonable, if the tariff of rates actually charged is filed with the commission.
To which end the commission shall in writing inform such common carrier in what respect such tariff of rates, fares, charges, or classifications are unequal and unreasonable, and shall recommend what tariffs shall be substituted therefor.
The commission thus informed the company in writing in what respect such tariff or rates and charges was unequal and unreasonable, and recommended to it in writing what tariff should be substituted therefor, to-wit, the tariff so found equal and reasonable by the commission.
The Order finds that certain terms and conditions of these tariffs were unjust and unreasonable, and had the effect of decreasing facilities-based competition and inhibiting the transition to new technologies.
It is unnecessary to decide, and we do not wish to be understood as laying down as an absolute rule, that in every case a failure to produce some profit to those who have invested their money in the building of a road is conclusive that the tariff is unjust and unreasonable.
On the 4th of August, 1887, the commission made a report in writing which included the findings of fact upon which its conclusions were based, its recommendation as to the tariff which should be substituted for the tariff so found to be unequal and unreasonable, and also a specification of the rates and charges which it declared to be equal and reasonable.
A shipper of lumber brought suit against a carrier to recover transportation charges which were alleged to be unreasonable, though they were in accordance with the published tariff.
It filed a complaint with the board to the effect that the existing tariff for the carriage of crude petroleum distillate was excessive and unreasonable, in that the rate of 20 1/2 cents was based upon an estimated weight of 7.4 pounds per gallon, whereas the actual weight is not more than 6.6 pounds per gallon.
This is not unreasonable, since the whole point of a customs union with a common external tariff is that, err, everyone applies the same tariff.
Furious at what it regards as "unreasonable" protectionism that "lacks legal grounding", China announced on May 30th that it was immediately scrapping export tariffs it had introduced earlier this year on 81 textile products to slow the surge in exports.
By implication of law there had been written into the statute a to all concerned that payments exacted by a carrier in conformity with a published tariff were subject to be refunded if found thereafter, upon sufficient evidence, to be excessive and unreasonable.
