Secretary of Agriculture v. United States

Mr. Justice Minton, with whom Mr. Justice Reed and Mr. Justice Burton join,

dissenting.

The Court’s opinion does not meet the issue in this case as I see it. The principal question, as was freely conceded at the argument, was whether the Interstate Commerce Commission had the power to promulgate the regulation under § 20 (11). The Court now accepts for the sake of argument that the Commission had the power and then proceeds to find the regulation unfair and unreasonable, although a similar regulation had been in effect since 1919. See National Poultry, Butter & Egg Assn. v. New York Central R.…