Illinois Cent. R. v. United States

I concur in the result reached by Judge THOMPSON that section 3 (e) of the amendment to the Inland Waterways Corporation Act, known as the Denison Act (49 USCA § 153(e), violates the Fifth Amendment to the Constitution of the United States and, consequently, that the second supplemental order of the Interstate Commerce Commission, here complained of, is void.

In. my opinion, the deprivation of property that plaintiffs will suffer is not “short-hauling” over their all-raff routes. That loss might well be the result of wholesome water competition. But the second supplemental order of the…