5 Argued December 7, 8, 1944 Reargued December 4, 1945 Decided January 14, 1946 326 U.S. 572 4CERTIORARI TO THE CIRCUIT COURT OF APPEALS 7FOR THE SECOND CIRCUIT 10Syllabus

§ 3(1), provides that it shall be unlawful: "For any common carrier * * * to make, give, or cause any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, association, locality, port, port district, gateway, transit point, region, district, territory, or any particular description of traffic, in any respect whatsoever; or to subject any particular person, company, firm, corporation, association, locality, port, port district, gateway, transit point, region, district, territory, or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever: * * *.".

This means you can view content but cannot create content. This is the old version of the H2O platform and is now read-only. The change thus made in section 3(1) of the Act was the addition of the words "region, district, territory" following "transit point" in the enumeration of the persons, places and traffic as to which preference and prejudice was expressly made unlawful and prohibited. 371. This means you can view content but cannot create content. This means you can view content but cannot create content. Neal E. Williams, of Fargo, N. D., for Nels G. Johnson, Atty. Whether such policy is wise or the opposite is not for us to determine. 580; Scandrett v. United States, D.C., 32 F. Supp. Gen., for the State of Wisconsin.

This is the old version of the H2O platform and is now read-only. These so-called preliminary findings which are lacking and of which proof is also lacking are said to be that there is no finding of a threatened rate war which would jeopardize the revenues of the railroads in Official Territory; or that the existing class rates are not fully compensatory to railroads in Official Territory for the transportation services for which they are charged; or that they are so low as to cast an undue burden upon other traffic. First, there should be a brief allusion to the contention that the plaintiff States have no standing to sue as parens patriae but only as shippers and receivers of freight. [5] Cong. 15 and not an order under Par. We may, indeed, *872 take it for granted that they were lawful previous to the amendment since they had been in the main the result of comparatively recent investigations and orders of the Commission. 322 U.S. 724 , 64 S.Ct.

Gen., of Indiana, for the State of Indiana.

It is recalled that the Commission had previously mistakenly construed the so-called Hoch-Smith Resolution to give it added powers to correct what it found to be unjust discriminations "as between the various localities and parts of the country." Jump to navigation Jump to search. 1317. It is apparent that the Commission did give due notice to all interested parties; that it did conduct numerous and lengthy hearing in various parts of the country involved; and that it did admit into the record and give proper consideration to, after giving a fair opportunity for argument, such relevant evidence as was offered. J. C. Murray, of Little Rock, Ark., for State of Arkansas, the Governor of Arkansas, and the Arkansas Public Service Commission. The denial by the Commission of the application to reopen the proceedings and receive additional evidence especially as to conditions subsequent to 1939 was not an abuse of its discretion. [6] Cong. In the first of the two suits which were brought the plaintiffs and the intervenors who support them attack the ad interim order on the grounds that it is an attempt to regulate industrial conditions by means of rate making; that it is the result of political agitation; that findings essential to support the order are lacking and that the evidence does not support the findings made, in that there is no proof of facts to support so-called ultimate findings above quoted to keep them from being merely arbitrary and capricious.

856 (N.D.N.Y 1946) case opinion from the US District Court for the Northern District of New York A. In the report made by the Senate Committee on Interstate Commerce[4] it was said as to section 3(1), "There has been no substantial change therein, except that the words `region, district and territory' appearing in lines 20 and 23 on page 26 have been inserted."

84, part.

899. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at h2o@cyber.law.harvard.edu. A. Burnquist, Atty. Printz v. United States stands for the proposition that Congress cannot commandeer a State’s executive branch for federal purposes. 995, affirmed 312 U.S. 661, 61 S. Ct. 736, 85 L. Ed. In considering the second we are limited to a search for substantial evidence to support such findings as were *873 made. *857 *858 *859 *860 *861 *862 *863 *864 *865 *866 *867 *868 Parker McCollester and Frank J. Clark, Sp. See, Darnell v. Edwards, 244 U.S. 564, 37 S. Ct. 701, 61 L. Ed. Nor is the order erroneous because the carriers were not allowed any alternative method for the removal of the discriminations which make the present class rates unlawful. Pennsylvania R. Co. v. United States, 323 U.S. 588, 65 S. Ct. 543, 89 L. Ed.

They relate in one way or another to what have been held essential to be proved to establish a basis for findings of preference, or prejudice or discrimination as to rates before the amendment of 1940 to section 3(1) of the Act.

Chicago, B. There is too much assumption and opinion involved in such evidence to justify definite findings, in advance of a trial period, to the effect that the ad interim rates will be confiscatory.

1093; Gregg Cartage & S. Co. v. United States, 316 U.S. 74, 62 S. Ct. 932, 86 L. Ed. The potency of much of the argument in support of the grounds relied on by the plaintiffs depends upon the effect to be given the before mentioned amendment to section 3(1) of the Act by the Transportation Act of 1940 and to section 5(b) of the latter, 49 U.S.C.A. 1New York v.United States No. The contention that the order should be set aside as to the Western Lines because confiscatory as to them raises a question of Constitutional limitation under the Fifth Amendment upon the statutory authority which can be conferred upon the Commission. Lewis Petteway, of Tallahassee, Fla., for Florida Railroad Commission. Norfolk & Western R. v. United States, 287 U.S. 134, 53 S. Ct. 52, 77 L. Ed. "New York v. United States". Consequently, even if under present condition less-thancarload *875 traffic, as a whole, in the West and South is not paying its proper share of the costs, it is possible that such a result is due in large measure to the maintenance of exception and commodity rates. But this less-than-carload traffic to which the cost studies relate is not by any means wholly carried on class rates and in its supplemental report of October 30, 1945 the Commission correctly said: "The cost data on less-than-carload traffic relates to such traffic as a whole and not solely to that which moves on class rates.

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