“MR. BIDDLE. It means just exactly what I said it meant. I said that the rate we published to Deming on coal was published with the full knowledge that it did not apply on coal destined to the Southern Pacific, or coal going to points on the El Paso and Southwestern. “MR. FIELD. With whose full knowledge? “MR. BIDDLE. With my full knowledge.” That is to say: The law requires all rates to be published and adhered to, so that the Commission and the public may know what rates are being charged. The traffic manager publishes a rate on coal, knowing that he intends to give a secret cut rate to special customers, and then testifies that the secret rate is no breach of the published tariff or violation of law because the tariff was published with his full knowledge that he wasn’t going to stick to it. The law in such case depends entirely on what the railroad manager whispers to himself when he issues the tariff. If the manager says to himself, “I intend to follow this tariff which I’m sending to the Interstate Commerce Commission,” then a rate lower than the tariff is in violation of the law; but if the manager says, “I intend to give the Southern Pacific and the El Paso lower rates than this tariff shows,” then the tariff is issued with full knowledge that it doesn’t apply to Southern Pacific and El Paso, and cut rates to Southern Pacific and El Paso and their customers constitute no violation of law. The Caledonian Company was organized in 1888 to operate a coal mine at Gallup, N. M., on the Santa Fe. The company sold large quantities of engine coal to the Santa Fe. The contract expired in 1898 or 1899, and was not renewed, the parties not being able to agree on the price; but the Santa Fe continued to buy more or less coal from the Caledonian till 1901. Some time previous to the expiration of the contract, the other mines at Gallup came under the control of the Colorado Fuel Company. An agent of the Colorado Company asked the Caledonian manager to name a price on his property, but he declined to do so. “Soon after the Colorado Company took possession of these mines, the Santa Fe system stopped receiving engine coal from the Caledonian Company.” The Caledonian had a contract for engine coal with another road, the majority of whose stock was owned by the Santa Fe. This contract was also terminated in 1903, the manager of the road stating that he did it, not because of any dissatisfaction, but by direction of the purchasing agent for the Atchison.[181]