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CHICAGO, R.I. & PAC. RY. CO. V. UNITED STATES, 274 U. S. 29 (1927)

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U.S. Supreme Court

Chicago, R.I. & Pac. Ry. Co. v. United States, 274 U.S. 29 (1927)

Chicago, Rock Island v. United States


Argued March 4, 1927

Decided April 11, 1927

274 U.S. 29


1. An order of the Interstate Commerce Commission, in a proceeding to fix reasonable maximum rail-and-water rates, and purporting to do this by adopting the existing all-rail rates with a fixed differential (alleged by complainant to represent the cost of water transportation insurance), should not be construed as an attempt to equalize the two classes of rates merely because of its form or by laying undue stress upon recitals in the report. P. 274 U. S. 32.

2. If the determination of the Commission finds substantial support in the evidence, the courts will not weigh the evidence nor consider the wisdom of the Commission's action. P. 274 U. S. 33.

3. Under the Panama Canal Act, August 24, 1912, par. 13 of § 6, read with par. 4 of § 15 of the Interstate Commerce Act, and the Transportation Act, the Commission has power to require a rail carrier to embrace in a through rail-and-water route less than the entire length of its railroad lying between the termini of the through route proposed, irrespective of whether both rail and water "are used under a common control, management, or arrangement for a continuous carriage or shipment," Interstate Com. Act § 1. P. 274 U. S. 34.

4. The right of the Commission to consider a case under a particular provision of the statute depends on the facts alleged, and not on such provision's being formally referred to in the complaint. P. 274 U. S. 36.

5. To plead the law relied on is no more necessary in a proceeding before the Commission than it is in a judicial proceeding. P. 274 U. S. 36.

5 F.2d 888 affirmed. chanroblesvirtualawlibrary

Page 274 U. S. 30

Appeal from a decree of the district court dismissing the bill in a suit by the Chicago, Rock Island & Pacific and St. Louis-San Francisco Railway Companies to enjoin enforcement of an order of the Interstate Commerce Commission establishing joint rail and water and rail and water and rail rates on cotton.

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