United States Supreme Court Cases & Opinions

U.S. Supreme Court

Avent v. United States, 266 U.S. 127 (1924)

Avent v. United States

No. 52

Argued October 9, 1924

Decided November 17, 1924

266 U.S. 127

Syllabus

1. Where the constitutional grounds for bringing a case to this Court from the district court by appeal are frivolous, but there are other questions urged, the case will be transferred to the circuit court of appeals. P. 266 U. S. 131.

2. That Congress, to meet emergencies, may, consistently with the Fifth Amendment, require a preference in the order of purposes for which coal may be carried in interstate commerce; that this does not trench upon power reserved to the states; that the power may be delegated to the Interstate Commerce Commission, for exercise under rules that are reasonable and in the interest of the public and of commerce, and that violation of the rules may be made a crime, are propositions plainly settled by previous decisions. Transportation Act, Title IV, § 402(15), considered. P. 266 U. S. 130.

3. The objection that an order of the Interstate Commerce Commission unconstitutionally prefers the ports of one state over those of another, cannot avail a party whom the alleged preference does not concern. P. 266 U. S. 131.

Case transferred to circuit court of appeals.

Error to a judgment of the district court fining the plaintiff for violating a rule of the Interstate Commerce Commission.

Page 266 U. S. 129