US SUPREME COURT DECISIONS

Common carriers by motor, in interstate commerce, filed tariffs providing rates on goods reshipped in the original packages as less than truckload consignments immediately after their transportation as parts of a truckload or carload consignment, and on less than truckload goods which, on arrival at their immediate destination, are to be immediately reshipped, in the original packages, as parts of a truckload or carload consignment. The Interstate Commerce Commission found the rates lower than other rates on like goods between the same points; that practically they could be used only by forwarders and a few large shippers; that they would operate for the special benefit of forwarders, and would not benefit owners of the goods shipped, and that forwarders would thereby be afforded transportation at rates lower than those charged certain other shippers under substantially similar circumstances and conditions, in violation of § 216(d) of the Federal Motor Carrier Act.

Held:

1. That the Commission was justified in cancelling the proposed tariffs. P. 310 U. S. 347.

2. Section 216(d) of the Motor Carrier Act, like provisions of the Interstate Commerce Act, insures equality of rates for substantially similar services. P. 310 U. S. 351.

3. Although the evidence was undisputed, it was for the Commission to determine the question of undue preference and discrimination. P. 310 U. S. 352.

4. The Commission was authorized to act in the matter on its own motion, without complaint by shippers. P. 310 U. S. 353.

5. The Commission performs its duties in the interests of shippers generally, of the national transportation system, and of the public. P. 310 U. S. 354.

Reversed. chanrobles.com-red

Page 310 U. S. 345

Appeal from a decree of the District Court of three judges, which set aside an order of the Interstate Commerce Commission cancelling tariffs of motor carriers.