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U.S. Supreme Court

Skinner & Eddy Corp. v. United States, 249 U.S. 557 (1919)

Skinner & Eddy Corporation v. United States

No. 215

Argued March 11, 1919

Decided May 5, 1919

249 U.S. 557


Where a suit to enjoin the enforcement of an order of the Interstate Commerce Commission is based upon the ground that the order exceeded the statutory powers of the Commission, and hence is void, the courts may entertain jurisdiction notwithstanding no attempt has been made by the plaintiff to obtain redress from the Commission itself. P. 249 U. S. 562.

Where rates allowed by the Commission in a proceeding initiated by carriers for relief from the long and short haul clause were later increased as a result of orders made when the proceeding was reopened on the application of a state commission and a merchants association, held that the new orders were to be regarded as resting upon the original petition of the carriers, so that, under the jurisdictional Act of October 22, 1913, a suit to enjoin their enforcement was properly brought in a judicial district where one of the carriers, a party defendant, had its residence. P. 249 U. S. 563.

The clause in § 4 of the Commerce Act, as amended June 18, 1910, providing that, when a railroad carrier shall, in competition with a water route, reduce rates between competitive points, it shall not be permitted to increase them unless, after hearing by the Commission, it shall be found that the proposed increase rests upon changed conditions other than elimination of water competition, has no application where the reduction was with the approval of the Commission, ordered after hearing, upon application by the carrier for relief from the long and short haul clause. P. 249 U. S. 564.

Held that, in this case, changed conditions "other than the elimination of water competition" were found by the Commission. P. 249 U. S. 569.

An order under § 4 of the act granting relief from the long and short haul clause is subject to future modification by the Commission without any application from the carrier. P. 249 U. S. 570.


The case is stated in the opinion. chanrobles.com-red

Page 249 U. S. 558