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ICC V. NORTHERN PACIFIC RY. CO., 216 U. S. 538 (1910)

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U.S. Supreme Court

ICC v. Northern Pacific Ry. Co., 216 U.S. 538 (1910)

Interstate Commerce Commission v.

Northern Pacific Railway Company

No. 570

Argued February 23, 24, 1910

Decided March 7, 1910

216 U.S. 538

Syllabus

Under § 4 of the Act of June 29, 1906, c. 3591, 34 Stat. 589, giving the Interstate Commerce Commission power to establish through routes and joint rates where no reasonable or satisfactory through route exists, the existence of such route may be inquired into by the courts, notwithstanding a finding by the Commission.

When one through route exists which is reasonable and satisfactory, the fact that the public would prefer a second which is no shorter or better cannot overcome the natural interpretation of a provision in the statute to the effect that jurisdiction exclusively depends upon the fact that no reasonable or satisfactory route exists

As the Northern Pacific route from the points named to points between Portland and Seattle is reasonable and satisfactory, the fact that there are certain advantages in the Union Pacific or Southern route does not give the Interstate Commerce Commission jurisdiction to establish the latter as a through route against the objection of the Northern Pacific Railway Company.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 216 U. S. 542





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