United States v. Delaware, Lackawanna & Western Railroad
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. The appellee was chartered not only as a Railroad Company, but was authorized to mine and sell coal.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. The appellee was chartered not only as a Railroad Company, but was authorized to mine and sell coal. The Commodity Clause of the Hepburn Act of 1906 made it unlawful for the carrier to haul its own coal beyond the limits of the State of Pennsylvania, and desiring to continue the business of mining and transporting coal, the Railroad adopted a plan under which it was to make a sale and divest itself of title to the coal, at the mouth of the mines, before transportation began. Accordingly it caused to be…
1Opinion of the CourtJustice Lamar
The Commodity Clause of the Hepburn Act was intended to prevent railroads from occupying the dual and inconsistent positions of public carrier and private shipper; and, in order to separate the business of transportation from the business of selling, that statute made it unlawful for railroads to transport in interstate commerce any coai in which the company had “any interest, direct or indirect.” United States v. Delaware & Hudson, 213 U. S. 415; Delaware &c. R. R. v. United States, 231. U. S. 363, 371.
As will be seen from the statement of facts, the Delaware, Lackawanna and Western Railroad…
2Cases cited4 opinions
- United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
- Gibbs v. Consolidated Gas Co. of BaltimoreSupreme Court of the United States · 1889
- United States v. Lehigh Valley RailroadSupreme Court of the United States · 1911
- Fowle v. ParkSupreme Court of the United States · 1889
3Cited by96 opinions
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- United States v. Aluminum Co. of AmericaCourt of Appeals for the Second Circuit · 1945
- Gray v. PowellSupreme Court of the United States · 1941
- Chicago, Milwaukee & St. Paul Railway Co. v. Minneapolis Civic & Commerce Ass'nSupreme Court of the United States · 1918
- North American Co. v. Securities & Exchange CommissionSupreme Court of the United States · 1946
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