Southern Pacific Terminal Co. v. Interstate Commerce Commission
Supreme Court of the United States
APPEALS FROM'THE CIRCUIT COURT OP THE UNITED STATES POR THE SOUTHERN DISTRICT OP TEXAS. This is a bill in equity to enjoin an order of the Interstate Commerce Commission requiring appellants to cease and desist, on or before the first day of September, 1908 (subsequently postponed to November 15,' 1908), and for a period of not less than two years thereafter, from granting and giving undue preferences and advantages to one E. H. Young, a shipper of cotton seed products at…
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APPEALS FROM'THE CIRCUIT COURT OP THE UNITED STATES POR THE SOUTHERN DISTRICT OP TEXAS. This is a bill in equity to enjoin an order of the Interstate Commerce Commission requiring appellants to cease and desist, on or before the first day of September, 1908 (subsequently postponed to November 15,' 1908), and for a period of not less than two years thereafter, from granting and giving undue preferences and advantages to one E. H. Young, a shipper of cotton seed products at the port of Galveston, Texas, through failure to exact from him payment of wharfage charges for handling cotton seed cake…
1Opinion of the CourtJustice McKenna
it will be observed that the order of the_ Commission required appellants to cease and desist-from granting Young the alleged undue preference for a period of not less than tyro1 .years from September 1, 1908 (subsequently extended to November 15)., It is hence contended that the order of the Commission has expired and that the case having thereby become moot, the appeal should be dismissed.
This court has said a number of times that it will only decide actual controversies, and if, pending an appeal, something occurs without any fault of the defendant which renders it impossible, if our…
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