no interest in the transaction will not be entertained.64 But as interest of the petitioner, by the provision of the Act, need not be direct, cases cannot be dismissed because complainant shows no damage.65 Therefore, the defendants are not entitled to a dismissal of a complaint of unlawful rates, on the ground that the petitioners, being merely commission merchants, can sustain no direct or material damage under the rates in question.

If a complainant dies after his complaint is filed, his representatives may be substituted as complainants.67 And a complaint may be brought by successor to corporation which was the original shipper.68 Whether an assignee can maintain proceedings in his own name to recover reparation was formerly not clear.69 But more recently an assignee has been allowed to recover damages.70

§ 1087. Requisites in this regard.

The fact that the complainant has not made a shipment and possibly may not be able to make a shipment for two years, is no ground for dismissing a complaint."1 That a complaining steamship corporation has no vessels, and that its stock is not paid in, is no objection to its rights to obtain from the Commission a ruling as to whether such company will be made a party to through routes when it is able to transport.72 The Commission is not deprived of jurisdiction to consider the merits of the controversy, merely because delegation to the officers presenting the complaint of the right to do so in the name

64 Otlinger v. So. Pac. R. R., 1 I. C. C. Rep. 604.

65 Indianapolis Freight Bureau v. Pa., 15 I. C. C. 567.

66 James v. Canadian P. R. R., 4 Int. Com. Rep. 274, 5 I. C. C. 612; Milk Producers' Protective Ass'n v. Delaware, L. & W. Ry., 7 I. C. C. Rep. 92; Central Y. P. Ass'n v. Vicksburg, S. & P. R. R., 10 I. C. C. Rep. 193.

of the United States is not affirmatively shown.73 And clearly relief cannot be denied merely because of the suggestion advanced that other persons or places might be induced to seek like relief.74 Regardless of the standing of the original complainant, if subsequently letters are received from shippers asking to be made co-complainants, before submission of the case, it has been held that under all the circumstances proper parties were before Commission.75 In a recent proceeding a complaint against Rule 15 of Official Classification, as to a matter strictly inter partes, was dismissed because the issues presented were too broad and important to interests not parties.76 No other manufacturers having joined in the complaint, or made independent complaint, it is nevertheless possible that they may be materially affected by a disturbance of adjustment that has continued for so many years." The party at whose instance a proceeding is brought should be represented by some one able to give full and specific information as to the nature and extent of its business and specific commodity it handles.78

§ 1088. Complaint by an association.

A corporation whose object is to promote the marketing of livestock at Chicago in the interest of its members may, under section 13, maintain a proceeding to correct an unreasonable freight rate on livestock shipped to Chicago, as its members, for whose general benefit and protection it was formed, have a vital interest in such a proceeding.79 So a Milk Producers' Association, whether

73 United States v. U. P. R. R., I. C. C. 518.

28

74 Casassa v. P. R. R., 24 I. C. C. 629.

75 Cincinnati & Columbus Traction Co. v. B. & O. S. W. R. R., 20 I. C. C. 486.

76 Kleibacker v. L. & N. R. R., 22 I. C. C. 420.

77 National Syrup Co. v. C. & N. W. Ry., 28 I. C. C. 673.

78 R. R. Com. of Montana v. N. P. Ry., 26 I. C. C. 407.

79 Cattle Raisers' Ass'n v. Fort Worth & D. C. R. R., 7 I. C. C. Rep. 513; Chicago Livestock Exchange v. Chicago G. W. R. R., 10 I. C. C. Rep. 428.

representing its own members, or specially authorized to represent other shippers, or assuming in addition to represent shippers engaged in the same industry on some of the defendant lines, was entitled to bring and maintain this proceeding, affecting rates on milk supplied for a common market, against all the defendants engaged in carrying for that market.80 And while an association of shippers has no direct interest in the determination of the question as to whether divisions or allowances from published tariff rates, made by defendants to tap lines owned or controlled by other shippers, constitute departures from the published rates, it has such an indirect interest as entitles it, under the Act, to maintain a proceeding to have such division declared unlawful.81 When such a petition is filed, it is considered the beginning of the action in all its subsequent stages; consequently the suit of the members of a cattle raisers' association for the recovery of damages should be treated as having been begun by the filing on their behalf of the original petition by the association itself, although they subsequently intervened.82 A freight bureau, a concern which admits members upon written contract to perform certain services in return for an annual fee, is an association competent to bring a complaint before the Commission under the Act to Regulate Commerce; the fact that it may not be able to answer in costs in case such should be awarded against it on an appeal from the Commission to the courts does not take away its right to bring complaint under the Act.83 A voluntary improvement association consisting of business men of Council Bluffs, is a competent party complainant to assail as unreasonable and discriminatory passenger fares applicable to the territory from which it

80 Milk Producers' Protective Ass'n v. Delaware, L. & W. R. R., 7 I. C. C. Rep. 92.

81 Central Yellow Pine Ass'n v. Vicksburg, S. & P. R. R., 10 I. C. C. Rep. 193.

82 Cattle Raisers' Ass'n v. Chicago, B. & Q. R. R., 10 I. C. C. Rep.

83.

83 Forest City Freight Bureau v. Ann Arbor R., 11 I. C. C. 109.

draws its membership.84 An unincorporated association has a sufficient legal status to be entitled to demand service of an express company, and under section 13 of the Act to file a complaint for the latter's failure to furnish the same.85

§ 1089. Board of Trade.

A valid complaint may be made before the Commission, by trade organizations, without disclosing or containing charges of specific acts of discrimination or undue preference, resulting in loss or damage to the individuals of which their membership is composed; but this is not to be understood as implying that it would be competent for the Commission, without a complaint made before it, and without a hearing, to subject common carriers to penalties.86 The Act authorizes boards of trade of cities and associations of like character to apply to the Interstate Commerce Commission for relief; and such corporations and members representing such associations may likewise apply to the court for relief from injuries unlawfully inflicted by the Interstate Commerce Commission.87 Thus the leading commercial organizations of a city, are competent parties to intervene by petition to the Commerce Court to enjoin the enforcement of an order entered by the Commission requiring carriers from granting to that city reshipping privileges so long as they deny that privilege to other cities named.88 A commercial association is a proper party to maintain a petition for relief from the exaction of an illegal or unreasonable charge or for any violation of the law's requirements.89 If that is essential, a complaint filed by an association in behalf of certain of

84 West End Improvement Club v. O. & C. B. Ry. Bridge Co., 17 I. C. C. 239.

85 California Commercial Ass'n v. Wells, Fargo & Co., 14 I. C. C. 422.

86 Texas & P. Ry. v. Interstate Commerce Commission, 162 U. S.

197, 40 L. ed. 940, 16 Sup. Ct. 666.

87 Peavey & Co. v. Union Pacific R. R., 176 Fed. 409.

88 Nashville Grain Exch. v. United States, 191 Fed. 37.

89 California Commercial Ass'n v. Wells, Fargo & Co., 16 I. C. C. 458.

its members specifically named, and other individuals who are named is held to be a petition by firms and individuals whose names are given.90 And a finding thereon that members of the complainant's association are entitled to damages does not include members other than those mentioned in complaint."1

$1090. State Railroad Commission.

It is provided in the Act specifically that the Commission shall in like manner as upon a complaint filed by others investigate any complainant forwarded by a railroad commission or other body with similar powers of any State or Territory; and in the modern legislation by which State bodies of this character are constituted, it is usual to provide that such bodies shall have authority so far as may be deemed advisable to bring matters to the federal Commission for decision which are beyond their own jurisdiction. The repeal of the law creating the railroad commission of Florida does not operate as a withdrawal or dismissal of a complaint brought in its name before the Commission for the real parties in interest.92 A complaint may be brought by a state commission on behalf of a citizen.93 But a State railroad commission is not entitled to

damages.94

§ 1091. Intervening parties.

All persons whether shippers or carriers having an interest in a question pending before the Commission may appear when the case is submitted without being made formal parties.95 It may often turn out that the parties

90 Michigan Hardwood Mfrs. Ass'n v. Transcontinental Freight Bureau, 27 I. C. C. 32.

91 Commercial Club of Omaha v. A. & S. R. Ry., 27 I. C. C. 302.

92 Railroad Commission of Florida v. Savannah, F. & W. R. R., 3 Int. Com. Rep. 688, 5 I. C. C. 136.

93 R. R. Com'rs of Montana v. N. P. Ry., 26 I. C. C. 482.

94 R. R. Com. of Oregon v. S. P. Co., 24 I. C. C. 273.

95 Hurlburt v. Lake Shore & M. S. R. R., 2 Int. Com. Rep. 81, 2 I. C. C. 122.