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FLORIDA V. UNITED STATES, 292 U. S. 1 (1934)

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U.S. Supreme Court

Florida v. United States, 292 U.S. 1 (1934)

Florida v. United States

No. 342

Argued February 13, 1934

Decided April 2, 1934

292 U.S. 1


1. By § 13(4) of the Interstate Commerce Act, the Interstate Commerce Commission is empowered to increase intrastate rates under which the intrastate traffic fails to contribute its fair share to the revenue of the interstate carrier, and which thus cause an unjust discrimination against interstate commerce. P. 292 U. S. 4.

2. This power was not withdrawn or diminished by the changes made in § 15a of that Act by the Emergency Railroad Transportation Act of 1933. P 292 U. S. 5.

3. Findings of the Commission preliminary to an order increasing intrastate rates on logs in Florida to remove unjust discrimination against interstate commerce with respect to the carrier's revenue, held sufficient and in conformity with the principles laid down in Florida v. United States, 282 U. S. 194. P. 292 U. S. 8.

4. The evidence supported the findings. P. 292 U. S. 13.

5. The authority of the Commission with respect to the removal of discrimination against interstate commerce caused by inadequacy of the intrastate rates of an interstate carrier rests upon the constitutional power of Congress, extending to such carriers as instruments of interstate commerce, to require that these agencies shall not be used in such manner as to cripple, retard, or destroy that commerce, and provide for the execution of that power through a subordinate body. P. 292 U. S. 12.

6. In relation to such discrimination, as in other matters, when the Commission exercises its authority upon due hearing, as prescribed, chanroblesvirtualawlibrary

Page 292 U. S. 2

and without error in the application of rules of law, its findings of fact supported by substantial evidence are not subject to review. It is not the province of the courts to substitute their judgment for that of the Commission. P. 292 U. S. 12.

4 F.Supp. 477 affirmed.

Appeals from a decree of the District Court, of three judges, sustaining an order of the Interstate Commerce Commission. There were originally three suits against the United States and the Interstate Commerce Commission -- viz., a bill by the Florida and the Florida Railroad Commission, another by Wilson Cypress Co. and Wilson Lumber Co., and the third by F. S. Buffum & Co., Inc. The Atlantic Coast Line R. Co. intervened as a defendant. The several suits were consolidated below, and were heard and decided as one case.

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