merce. It had previously been held in the courts that such pipe lines might constitutionally be given eminent domain, as tube highways open to public use.83 It apparently makes no difference if the pipe lines in question were built over privately acquired right of way, and transport only their own oil; at all events, all the pipe lines carrying oil from one State to another have been considered by the Commission common carriers subject to the Act. And the United States Supreme Court has just decided that pipe lines which have never, as a matter of fact, undertaken to carry for anyone else than their owners are affected with a public interest, if the business is conducted on the basis of insisting that all comers shall sell their oil previously to its being transported to the concern which operates the system.84 This decision is so recent that the Commission has not put into effect any policy of regulation which has as yet come up for decision. § 171. Telegraph lines. When the law first had to deal with the telegraph, the disposition of the courts was to put it under the class of carriers; but it was soon seen that this technically was not correct.85 However, it has always been recognized that telegraph lines are plainly public services, potentially subject to governmental regulation through Commission action.86 Their business in transmitting messages equally clearly constitutes interstate commerce, for the regulation of which Congress may provide.87 This situation was 83 West Virginia Transp. Co. v. Volcanic O. & C. Co., 5 W. Va. 382. "A pipe line company is a common carrier bound to receive and transport for all persons alike all goods intrusted to its care." Giffin v. South West Pa. Pipe Lines, 172 Pa. St. 580, 33 Atl. 578. 84 United States v. Ohio Oil Co., 234 U. S. 548, 34 Sup. Ct. 956. See also the opinions in the Commission in the original proceedings. In re Pipe Lines, 24 I. C. C. 1. 85 See the phraseology in Western Union Telegraph Co. v. Hamilton, 36 Tex. Civ. App. 300. 86 See the language in Green v. Telegraph Co., 136 N. C. 489, 49 S. E. 165, 67 L. R. A. 985, 103 Am. St. Rep. 955. 87 See the theories advanced in Western Union Telegraph Co. v. covered by the Mann Act of 1910 by putting telegraph and cable service (whether wire or wireless) under the jurisdiction of the Commission; and since that time it has been recognized that henceforth the regulation of these services belongs exclusively to the Commission.88 § 172. Telephone systems. The demands of the commerce of the present day make the telephone a necessity. It has long been recognized that all people should have access to this service upon equal terms.89 At one time it was insisted that as the telephone was patented its owners could do as they pleased. But it has been agreed almost from the beginning that the service provided by the telephone companies is public in character. Indeed, the best discussion of the essential nature of public calling is to be found in the series of cases brought before the courts not long ago to establish the invalidity of arrangements made by the telephone companies giving special privileges to certain telegraph companies. Occasion arose some time ago to say that Congress might regulate this business where it had jurisdiction.91 Telephone service was made subject to the Act, with special provisions relating thereto, by the amendments of 1910. Since then the Commission has had occasion to deal with this service only a few times; but there have been important developments in this field recently.92 $173. Government services. It should be noted that the Commission has had specially conferred upon it from time to time jurisdiction over Call Publishing Co., 181 U. S. 92, 45 L. ed. 765, 21 Sup. Ct. 561. 88 H. B. Williams Co. v. Western U. T. Co., 203 Fed. 140. 89 State v. Citizens' Telephone Co., 61 S. C. 83, 39 S. E. 257, 85 Am. St. Rep. 870. 90 See Chesapeake & P. Telephone Co. v. Baltimore & O. Telegraph 91 Chesapeake & P. Telephone Co. v. Manning, 186 U. S. 238, 46 L. ed. 1444, 22 Sup. Ct. 881. 92 Local Telephone Service at Pittsburg, 27 I. C. C. 622. merce. It had previously been held in the courts that such pipe lines might constitutionally be given eminent domain, as tube highways open to public use.83 It apparently makes no difference if the pipe lines in question were built over privately acquired right of way, and transport only their own oil; at all events, all the pipe lines carrying oil from one State to another have been considered by the Commission common carriers subject to the Act. And the United States Supreme Court has just decided that pipe lines which have never, as a matter of fact, undertaken to carry for anyone else than their owners are affected with a public interest, if the business is conducted on the basis of insisting that all comers shall sell their oil previously to its being transported to the concern which operates the system.84 This decision is so recent that the Commission has not put into effect any policy of regulation which has as yet come up for decision. § 171. Telegraph lines. When the law first had to deal with the telegraph, the disposition of the courts was to put it under the class of carriers; but it was soon seen that this technically was not correct.85 However, it has always been recognized that telegraph lines are plainly public services, potentially subject to governmental regulation through Commission action.86 Their business in transmitting messages equally clearly constitutes interstate commerce, for the regulation of which Congress may provide.87 This situation was 83 West Virginia Transp. Co. v. Volcanic O. & C. Co., 5 W. Va. 382. "A pipe line company is a common carrier bound to receive and transport for all persons alike all goods intrusted to its care." Giffin v. South West Pa. Pipe Lines, 172 Pa. St. 580, 33 Atl. 578. 84 United States v. Ohio Oil Co., 234 U. S. 548, 34 Sup. Ct. 956. See also the opinions in the Commission in the original proceedings. In re Pipe Lines, 24 I. C. C. 1. 85 See the phraseology in Western Union Telegraph Co. v. Hamilton, 36 Tex. Civ. App. 300. 86 See the language in Green v. Telegraph Co., 136 N. C. 489, 49 S. E. 165, 67 L. R. A. 985, 103 Am. St. Rep. 955. 87 See the theories advanced in Western Union Telegraph Co. v. covered by the Mann Act of 1910 by putting telegraph and cable service (whether wire or wireless) under the jurisdiction of the Commission; and since that time it has been recognized that henceforth the regulation of these services belongs exclusively to the Commission.88 § 172. Telephone systems. The demands of the commerce of the present day make the telephone a necessity. It has long been recognized that all people should have access to this service upon equal terms.89 At one time it was insisted that as the telephone was patented its owners could do as they pleased. But it has been agreed almost from the beginning that the service provided by the telephone companies is public in character. Indeed, the best discussion of the essential nature of public calling is to be found in the series of cases brought before the courts not long ago to establish the invalidity of arrangements made by the telephone companies giving special privileges to certain telegraph companies.90 Occasion arose some time ago to say that Congress might regulate this business where it had jurisdiction.91 Telephone service was made subject to the Act, with special provisions relating thereto, by the amendments of 1910. Since then the Commission has had occasion to deal with this service only a few times; but there have been important developments in this field recently.92 § 173. Government services. It should be noted that the Commission has had specially conferred upon it from time to time jurisdiction over Call Publishing Co., 181 U. S. 92, 45 L. ed. 765, 21 Sup. Ct. 561. 88 H. B. Williams Co. v. Western U. T. Co., 203 Fed. 140. 89 State v. Citizens' Telephone Co., 61 S. C. 83, 39 S. E. 257, 85 Am. St. Rep. 870. See Chesapeake & P. Telephone Co. v. Baltimore & O. Telegraph 91 Chesapeake & P. Telephone Co. v. Manning, 186 U. S. 238, 46 L. ed. 1444, 22 Sup. Ct. 881. 92 Local Telephone Service at Pittsburg, 27 I. C. C. 622. the charges which the government should properly make the public in furnishing the services which it is itself providing. This is the tendency which should become a policy with the recognition of the truth that public services by whomsoever provided should be furnished upon the equitable basis to be found in legal principles. Thus the approval of the Commission is required for changes made by the Postmaster General under the Parcels Post Act.93 And the tolls in certain government owned canals have been made subject to the approval of the Commission.94 Very likely these two instances may show the beginnings of a policy. It is quite in accordance with the trend of opinion to give to the Commission more jurisdiction along these lines. $174. Transfer. Topic B. Incidental Services By the provisions of the original Act the term railroad, whenever used, should be held to include all bridges and ferries used or operated in connection with any railroad. But the courts held that this applied to the bridges or ferries owned and operated by the railroad company subject to the Act, and not to a bridge company which supplied a roadway only, over which other companies carry, and that such a company, not being itself a carrier, was not subject to the Act.95 Apparently the amendments of 1906 by which all instrumentalities and facilities of shipment and carriage, irrespective of ownership or arrangement, were made subject to the jurisdiction of the Commission, are not considered to have enlarged the powers of the Commission in respect to this situation, beyond such facilities as are employed in carriage subject to the Act in the course of transit between the States.96 It was 93 No. 402, June 30, 1906. 94 No. 336, Aug. 24, 1912. 95 Kentucky & I. B. Co. v. L. & N. R. R., 37 Fed. 567, 2 L. R. A. 289, 2 Int. Com. Rep. 351, appeal dismissed, 149 U. S. 777, 37 L. ed. 964, 13 Sup. Ct. 1048. 96 New York C. & H. R. R. v. Board of Hudson Co., 227 U. S. 248, 57 L. ed. 499, 33 Sup. Ct. 269. |