Legal Opinion

Interstate Commerce Commission v. Union Pacific Railroad

Supreme Court of the United States

Decided January 15, 1912No. 451, 452, 453PublishedCited by 416 opinions

APPEALS FROM THE CIRCUIT COURT OP THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. These three appeals are brought by the Interstate Commerce Commission from a decree enjoining a reduction of lumber rates named in tariffs filed by the Great Northern, the Northern Pacific and the Union Pacific Railroads. The tariffs under consideration involve rates on lumber from the coast,- Spokane District, and Montana-Oregon points to St. Paul, Omaha and Chicago.

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APPEALS FROM THE CIRCUIT COURT OP THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. These three appeals are brought by the Interstate Commerce Commission from a decree enjoining a reduction of lumber rates named in tariffs filed by the Great Northern, the Northern Pacific and the Union Pacific Railroads. The tariffs under consideration involve rates on lumber from the coast,- Spokane District, and Montana-Oregon points to St. Paul, Omaha and Chicago. It is admitted that the rates on shingles, hemlock, cedar and other forest products' have a fixed relation to those, on fir lumber, and that the…

1Opinion of the CourtJustice Lamar

These appeals raise the single question as to whether, in making the 45' cent rate, the Commission acted within or beyond its power. As the statute makes its finding prima facie correct (Cincinnati &c. Ry. v. Interstate Commerce Commission, 206 U. S. 142, 154), it will bé more con venient to consider the case from the standpoint of the carriers, who first insist that the order was void because made without evidence, or finding, that the 50 cent rate was unreasonable.

■' .There has been no attempt to make an exhaustive statement of the principle involved, but in cases thus far decided, it has…

2Cases cited5 opinions

  1. ILLINOIS CENT. & C. RR v. Inter. Com. Comm.Supreme Court of the United States · 1907
  2. Interstate Commerce Commission v. Alabama Midland Railway Co.Supreme Court of the United States · 1897
  3. Southern Pacific Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  4. Interstate Commerce Commission v. Chicago Great Western Railway Co.Supreme Court of the United States · 1908
  5. Interstate Commece Commission v. Northern Pacific Railway Co.Supreme Court of the United States · 1910

3Cited by416 opinions

  1. Dickinson v. ZurkoSupreme Court of the United States · 1999
  2. Kisor v. WilkieSupreme Court of the United States · 2019
  3. Dickinson v. ZurkoSupreme Court of the United States · 1999
  4. Norwegian Nitrogen Products Co. v. United StatesSupreme Court of the United States · 1933
  5. Carter v. Carter Coal Co.Supreme Court of the United States · 1936

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