United States Supreme Court Cases & Opinions

U.S. Supreme Court

Cincinnati, Hamilton & Dayton Ry. Co. v. ICC, 206 U.S. 142 (1907)

Cincinnati, Hamilton and Dayton Railway

Company v. Interstate Commerce Commission

No. 201

Argued January 31, February 1, 1907

Decided May 13, 1907

206 U.S. 142

Syllabus

The Interstate Commerce Commission, in making an investigation on the complaint of a shipper, has, in the public interest, the power, disembarrassed by any supposed admissions contained in the statement of the complaint, to consider the whole subject and the operation of the new classification complained of in the entire territory, also how far its going into effect would be just and reasonable and would create preferences or engender discriminations and whether it is in conformity with the requirements of the Act to Regulate Commerce. And if it finds that the new classification disturbs the rate relations thereupon existing in the official classification territory and creates preferences and engenders discriminations, it may, in order to prevent such result, prohibit the further enforcement of the changed classification, and an order to that effect is within the power conferred by Congress on the Commission, and so held as to an order of the Commission directing carriers from further enforcing throughout official classification territory a changed classification in regard to common soap in less than carload lots.

146 F.5d 9 affirmed.

The facts are stated in the opinion.