Chicago, I. & L. Ry. Co. v. United States
270 U.S. 287 (1926)

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U.S. Supreme Court

Chicago, I. & L. Ry. Co. v. United States, 270 U.S. 287 (1926)

Chicago, Indianapolis & Louisville Railway Company v. United States

No. 150

Argued January 19, 1926

Decided March 1, 1926

270 U.S. 287

Syllabus

1. An order of the Interstate Commerce Commission requiring several carriers to remove discrimination against another carrier resulting from their refusal to make switching arrangements with it such as exist among themselves does not require them to extend this service to the other, but leaves them free to remove the discrimination by any appropriate action. P. 270 U. S. 292.

2. The fact that a complaining carrier has physical connection with only one of several other carriers is not a reason why the Commission may not order these to remove unjust discrimination against the complaining carrier, found to result from a reciprocal switching arrangement among the others from which it is excluded. Id.

3. The court cannot substitute its judgment for that of the Commission as to the similarity of the circumstances and conditions of carriers charged with unjust discrimination to those of the complaining carrier. P. 270 U. S. 293.

4. Where an electric railroad charged unjust discrimination in its exclusion from a switching arrangement existing among four steam railroads, held that the facts of its being an electric railroad, connected physically with but one of the others, with relatively limited terminal facilities, freight cars, industries on its line, exchange points, and business to exchange did not constitute, as a matter of law, such difference of circumstances as negatives discrimination. Id.

5. The fact that an order to remove discrimination resulting to a carrier from a traffic interchange arrangement existing among other carriers may, as a practical matter, require them to admit it to a part in business adequately handled by them does not make the order a taking of property without due process of law. P. 270 U. S. 294.

6. The provision of the Transportation Act, 1920, § 418, Interstate Commerce Act 15(3), forbidding the Commission to establish any through route, etc., between street electric passenger railways not engaged in the general business of transporting freight in addition to their passenger and express business, and railroads of a different character, does not deprive the Commission of jurisdiction

Page 270 U. S. 288

to order steam railroad to desist from discrimination in switching against a complaining electric railroad not engaged in general transportation of freight. P. 270 U. S. 294.

7. A finding of the Commission that an electric railroad was engaged in the general transportation of freight held conclusive where the evidence taken before the Commission was not introduced in the court below. P. 270 U. S. 295.

Affirmed.

Appeal from a decree of the district court denying a preliminary injunction in a suit by appellant railway companies against the United States, to suspend and set aside an order of the Interstate Commerce Commission. The Commission and an electric railroad on whose behalf the order was entered intervened.

Page 270 U. S. 289

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