Allen

At all times mentioned in the complaint the plaintiff was the official reporter for the Interstate Commerce Commission. Commencing on July 7, 1919, the commission conducted hearings in several cities of the United States relating to increases in charges and changes in rules and regulations proposed in perishable protective tariff No. 1, compiled by the United States railroad administration. On July 3, 1919, the plaintiff at New York wrote a letter to the defendant at Los Angeles, stating that these hearings were to be held, and then making the following offer: “As these increases and changes are of the utmost importance and shippers of perishable freight must follow the hearings carefully in order to protect their interests, we should be advised at once if you want copies of the official reports, which will be furnished at 12y2 cents per page, the charge authorized and approved by the Commission, so that we may make enough copies to supply you.” On July 12th the defendant replied as follows: “In answer to your letter of July 3 regarding Perishable Protective Tariff No. 1, we desire to place our order for same at 12%c per page, provided there are not too many pages. Will you kindly…