Page:United States Reports, Volume 209.djvu/135

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209 U.S. Stat?msnt of the Case. similarly situated, to Chicago, than upon ? meats and the prepared products known as pacldng~house products. It was contended that this higher rate of freight was an unlawful discrimination against shippers of live stock to Chicago, and gave to ship9ers of pacMng-house products an undue and un- re?onable preference and advantage over the former; that it subjected the Chicago Live Stock Exchange and .its members, who were engaged in the bnsine?s of selling live stock on com- mission, as well as the owners of live stock and the shippers thereof, to an unreasonable prejudice and disadvantage. The several defenclante, with one or two exceptions, answered, denying the allegations of the complaint. Mter a hearing, the Interstate Commerce Commission, on January 7, 1905, filed its report and opinion, including findings of fact, and made an order, which is the foundation of this suit. The order is in theee words: "Order of Commission. "TI? case being at issue upon complaint and answers on file, and having been duly heard and submitted by the p?rtice, and full investigation of the matters and things involved hav- ing been had, and the Commission having, on the date hereof, made and filed a report and opinion containing its findings of fact and conclusions thereon, which said report and opinion is hereby referred to and' made a part of this order: "It is ordered, that, in accordance with said report and opinion, the pre?ent relation of rate? maintained and enforced by defendants [naml, g them all, eighteen in number], whereby their .rates for transportation are higher upon live cattle and live hogs than upon the dressed or prepared products of cattle and ho? on shipments thereof to Chicago, in the State of Illinois, from pointe on the Missouri River, Sioux City, in the State of Iowa, to Kansas City, in the State of Missouri, in- clusive, and from South St. Paul, in the State of Minnesota, or from points in the territory between .the Mi?ourl River or South St. Paul and Chicago, constitute? wwngful prejudice