City of Yonkers v. United States
320 U.S. 685 (1944)

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U.S. Supreme Court

City of Yonkers v. United States, 320 U.S. 685 (1944)

City of Yonkers v. United States

No. 109

Argued December 13, 14, 1943

Decided January 3, 1944

320 U.S. 685

Syllabus

1. In a proceeding before the Interstate Commerce Commission upon the application of a carrier, under § 1(18)-(20) of the Interstate Commerce Act, for a certificate authorizing abandonment of part of it lines, the jurisdiction of the Commission being challenged under § 1(22) of the Act -- which provides that the authority of the Commission to permit abandonment of line "shall not extend" to "street, suburban, or interurban electric railways, which are not operated as a part or parts of a general steam railroad system of transportation" -- the Commission should make jurisdictional findings; and, in the absence of such findings, an order granting the certificate should, on review, be set aide. P. 320 U. S. 689.

2. A proper regard for local interests in the management of local transportation facilities requires that federal power be exercised only where the statutory authority affirmatively appears. P. 320 U. S. 691.

50 F.Supp. 497, reversed.

Appeal from a decree of a District Court of three judges, refusing to set aside an order of the Interstate Commerce Commission.

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