United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Butler County R. Co., 234 U.S. 29 (1914)

United States v. Butler County Railroad Company

No. 837

Argued April 13, 1914

Decided May 25, 1914

234 U.S. 29

Syllabus

The Tap Line Case, ante, p. 234 U. S. 1, followed to the effect that:

The fact that the same ownership controls the freight offered and the stock of a railroad company which is a common carrier does not justify a different rate imposed upon the same kind of traffic.

Under the Commodities Clause, it is not unlawful for a common carrier to carry lumber owned by it, and until the law otherwise provides, it may treat freight owned by it in the same manner as like freight independently owned.

Page 234 U. S. 30

If the division of rates between a trunk line and a common carrier controlled by the same interest as controls the bulk of the freight moved by the carrier, is a mere cover for rebates and discriminations, the Interstate Commerce Commission has power to prevent such practices.

209 F.2d 0 affirmed.

The facts, which involve the status of a lumber tap line and the powers of the Interstate Commerce Commission in regard to establishment of joint rates thereover, are stated in the opinion.

Page 234 U. S. 31