Interstate Commerce Commission v. Texas & Pac. Ry. Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. In Equity. Applicaiion by the interstate commerce commission to enforce an order made by it against the Texas & Pacific Railway Company forbidding discrimination in freight rates. The petition was granted by the circuit; court, (52 Fed. Rep. 187,) (and the respondent appeals.
1Opinion of the Court
SHIPMAN, Circuit Judge.
On March 23, 1889, the interstate commerce commission made, not upon contention of parties, a general order, which, among oilier things, provided as follows:
‘‘Imported traffic transported to any place in the United States from a port of entry, or place of reception, whether in this country or in an adjacent foreign country, is required to he taken on the inland tariff governing other freights.”
This order was quite generally obeyed by those railroad companies and their connecting lines which carried imported goods westward from the northern Atlantic seaboard. At least…
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