United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Baltimore & Ohio R. Co., 284 U.S. 195 (1931)

United States v. Baltimore & Ohio Railroad Co.

No. 33

Argued October 23, 1931

Decided November 30, 1931

284 U.S. 195

Syllabus

1. An order of the Interstate Commerce Commission prescribing a new division of joint rates cannot be made retroactive to the date of filing complaint if the rates were established by agreement of the parties, and not pursuant to any finding or order of the Commission. Interstate Commerce Act, § 15(6); Brimstone R. Co. v. United States, 276 U. S. 104. P. 284 U. S. 199.

2. Under § 15(2) of the Act, which requires that all orders of the Commission other than orders for the payment of money, "shall take effect within such reasonable time, not less than thirty days . . . according as shall be prescribed in the order," an order prescribing a division of joint rates, which was invalid because retroactive, could not be deemed valid as an order to become operative thirty days after it was made, nor could it be made so operative, retroactively, by a subsequent order. P. 284 U. S. 203.

43 F.2d 603 affirmed.

Page 284 U. S. 196

Appeal from a decree of the district court of three judges in a suit brought to set aside certain orders of the Interstate Commerce Commission.