Fourche River Lumber Co. v. Bryant Lumber Co., 230 U.S. 316 (1913)

Fourche River Lumber Company v.

Bryant Lumber Company
No. 296

Argued May 6, 1913
Decided June 9, 1913
230 U.S. 316

ERROR TO THE SUPREME COURT

OF THE STATE OF ARKANSAS

Syllabus

Carriers, whether saw-mill companies or railroads or both combined, cannot purchase land by rebating to the grantor a part of the freight rate on interstate shipments over the road built on the right of way. A rebate made for purchase of land is illegal even though much less that the value of the land acquired.

The prohibition of the Act to Regulate Commerce against rebates cannot be evaded by calling them differentials or concessions, nor by taking the money from a corporation that is the same as the rebating carrier.

97 Ark. 623 reversed.

The facts, which involve the right, under the Act to Regulate Commerce, of a carrier to pay rebates to a shipper in consideration of a right of way granted by the latter, are stated in the opinion.