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ICC V. CITY OF JERSEY CITY, 322 U. S. 503 (1944)

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U.S. Supreme Court

ICC v. City of Jersey City, 322 U.S. 503 (1944)

Interstate Commerce Commission v. City of Jersey City

No. 767

Argued May 2, 3, 1944

Decided May 29, 1944

322 U.S. 503


An order of the Interstate Commerce Commission authorized a fare increase from 8 cents to 9 cents. Upon finding that collection of the 9-cent fare was impracticable, the Commission modified its order so as to authorize a fare of 11 tokens for $1.00 or a cash fare of 10 cents. The Commission later reopened the proceeding, but only to consider the propriety and lawfulness of the modification of its original order. Upon further findings, the Commission authorized a fare of 11 tokens for $1.00, or a cash fare of 10 cents. A petition of the Price Administrator for modification of the reopening order "in order that the said record be brought up to date" was denied. Upon review of a decree setting aside the Commission's orders, held:

1. The Commission's findings of fact were supported by substantial evidence. P. 322 U. S. 512.

2. Findings of the Commission so supported are conclusive. P. 322 U. S. 512.

3. The Commission's denial of a rehearing of the whole case was not an abuse of its discretion, and did not amount to unfairness such as would vitiate its orders. Pp. 322 U. S. 514, 322 U. S. 519.

4. It was the duty of the Commission to give full effect to wartime conditions and the stabilization legislation. P. 322 U. S. 519. chanroblesvirtualawlibrary

Page 322 U. S. 504

5. Upon the record, it cannot be concluded that the Commission failed to give proper weight to stabilization considerations, or that it ignored the Price Administrator's contention as to inflationary tendencies of rate increases. P. 322 U. S. 520.

6. The determination of the weight to be given to stabilization considerations in relation to other factors was for the Commission, not the courts. P. 322 U. S. 522.

7. The Stabilization Act of 1942 did not give the Price Administrator standing superior to that of other litigants to ask the courts to override the normal discretion of the Commission in granting or refusing rehearings. Following Vinson v. Washington Gas Light Co., 321 U. S. 489. P. 322 U. S. 523.

54 F.Supp. 315 reversed.

Appeal from a decree of a district court of three judges which enjoined enforcement of an order of the Interstate Commerce Commission.

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