(dissenting).
I find it impossible to agree with this decision. I am aware of no authority which *929even remotely suggests that a tariff rate or charge, once published and in effect, can be set aside or changed in any way save by the one method provided by the statute.1 That method is by publishing a new tariff or tariff supplement, naming the new rate to be charged. Under Section 6(7) the carrier may not charge, or demand, or collect, or receive greater, or less, or different compensation than the rates which are specified in the tariffs filed and in effect at the time. The legal rate is the filed rate and it is the duty of the carrier to charge and collect the rate precisely as same is contained in the tariffs on file with the Commission and this is so even though such rate be excessive, unreasonable and unlawful. The order of the Commission to publish and file a new tariff naming the new and changed charges for detention of cars, though valid, was not self executing and did not ipso facto cancel the published rate on file. If, as here, the order of the Commission is not promptly obeyed by changing the tariff as provided in Section 6, then, as I understand the authorities, the uncancelled tariff stands and must be applied until something else is done to enforce the order. The Commission has the power to compel obedience under Section 16(12) and I am not persuaded to believe that such orders are self executing. The fact that the Commission’s order was issued pursuant to the emergency powers granted it under Section 1(15) is not material. Furthermore, the order here involved shows a recognition on the part of the Commission that the rate change was to be accomplished by the only method provided by the Statute, that is a suspension of charges in the existing tariff and the publication of new charges in a new tariff. If the Commission could by its own ipse dixit change an established tariff rate without complying with the requirements of the Statute, then why was there necessity or need for spelling out in detail that the supplemental tariffs were to be published in substantial compliance with the Commission’s own tariff circular? For these reasons I respectfully dissent.
. Section 6(3) of the Act provides: “No change shall be made in the rates * * * which have been filed and published by any common carrier in compliance with the requirements of this section, except after * * * notice * * * to the public * * * which shall plainly state the changes proposed to be made in the schedule then in force * * * and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time * *