Legal Opinion

Interstate Commece Commission v. Northern Pacific Railway Co.

Supreme Court of the United States

Decided March 7, 1910No. 570PublishedCited by 42 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. The facts arc stated in. the opinion. The order of the Commission cannot be set aside by the court morel}’ for the reason that the court, if placed in the position of the Commission, would not have ordered the through route. Section 1 of the Hepburn Act relates to through routes and joint rates.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. The facts arc stated in. the opinion. The order of the Commission cannot be set aside by the court morel}’ for the reason that the court, if placed in the position of the Commission, would not have ordered the through route. Section 1 of the Hepburn Act relates to through routes and joint rates. This gives the Commission the power to establish a through route, provided in the opinion of the Commission no satisfactory or reasonable through route exists. Whether or not a through route already in existence is…

1Opinion of the Court

Mr.' Justice Holmes

delivered the opinion of the court.

This is a bill to restrain the enforcement of an order of the Interstate Commerce Commission.' 16 I. C. C. Rep. 300. A preliminary injunction was granted by four circuit judges, on the ground that the Commission had exceeded its powers, and the case was brought here by appeal. The order was made in a proceeding instituted by the Commission upon its own motion, and required the establishment of through routes and joint rates, for passengers and their baggage, east and *543west, from and to points on the Chicago and Northwestern Railway between…

2Cases cited2 opinions

  1. Fauntleroy v. LumSupreme Court of the United States · 1908
  2. Interstate Commerce Commission v. Illinois Central RailroadSupreme Court of the United States · 1910

3Cited by42 opinions

  1. United States & Interstate Commerce Commission v. American Railway Express Co.Supreme Court of the United States · 1924
  2. Interstate Commerce Commission v. Union Pacific RailroadSupreme Court of the United States · 1912
  3. Federal Trade Commission v. KlesnerSupreme Court of the United States · 1929
  4. Deering Milliken, Inc., a Corporation v. Reed Johnston, as Regional Director of the National Labor Relations BoardCourt of Appeals for the Fourth Circuit · 1961
  5. Waite v. MacYSupreme Court of the United States · 1918

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