Legal Opinion

United States v. Pacific & Arctic Railway & Navigation Co.

Supreme Court of the United States

Decided April 7, 1913No. 697PublishedCited by 78 opinions

ERROR TO THE DISTRICT CQURT OF THE UNITED STATESv FOR ALASKA, DIVISION NO. 1. Indictment for alleged violations of the Sherman Antitrust Act and of the Interstate Commerce Act. The indictment contains six counts. The first and second counts charge violations of the Anti-trust Law.

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ERROR TO THE DISTRICT CQURT OF THE UNITED STATESv FOR ALASKA, DIVISION NO. 1. Indictment for alleged violations of the Sherman Antitrust Act and of the Interstate Commerce Act. The indictment contains six counts. The first and second counts charge violations of the Anti-trust Law. The first by the defendants engaging in a combination and conspiracy in restraint of trade and commerce with one another to eliminate and destroy competition in the business of transportation in freight and passengers between various ports in the United States and British Columbia ■in the south, and the various…

1Opinion of the Court

Mr. Justice McKenna,

after stating the case- as. above, delivered the opinion of the court.

The District- Court said that it was “without jurisdiction to entertain or determine the questions involved in thé first five counts of the indictment in either a criminal or civil proceeding,” until the matters of discrimination between carriers or shippers or the giving or refusing of joint traffie arrangements “have been submitted to and passed on by the Interstate Commerce Commission.” For this conclusion the court relied on Texas & Pacific Ry. Co. v. Abilene Cotton Oil Co., 204 U. S. 427, and…

2Cases cited3 opinions

  1. Swift & Co. v. United StatesSupreme Court of the United States · 1905
  2. Standard Sanitary Manufacturing Co. v. United StatesSupreme Court of the United States · 1912
  3. Baltimore & Ohio Railroad v. United States Ex Rel. Pitcairn Coal Co.Supreme Court of the United States · 1910

3Cited by78 opinions

  1. Morrison v. National Australia Bank Ltd.Supreme Court of the United States · 2010
  2. United States v. Aluminum Co. of AmericaCourt of Appeals for the Second Circuit · 1945
  3. United States v. Philadelphia National BankSupreme Court of the United States · 1963
  4. Continental Ore Co. v. Union Carbide & Carbon Corp.Supreme Court of the United States · 1962
  5. The Minnesota Rate CasesSupreme Court of the United States · 1913

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