United States v. Maher

The case is here on appeal, under § 238 of the Judicial Code as amended (28 U. S. C. § 345), to review a final decree, setting aside an order of the Interstate. Commerce Commission, granted by a district court of three judges under the Motor Carrier Aet, 1935, (49 U. S. C. Supp. § 305 (h)), in-connection with the Urgent Deficiencies Act of October 22,'1913 (28'U. S. C. §§ 45, 47a).

The application to the special facts of this case of what 4s colloquially known as “the grandfather clause” of the Motor Carrier Act is the substantive question at issue. There is a preliminary jurisdictional…