# Interstate Commerce Commission v. Louisville & Nashville Railroad Company (190 U.S. 273)

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United States Supreme Court
190 U.S. 273
Interstate Commerce Commission v. Louisville & Nashville Railroad Company
Argued: April 13, 1903. --- Decided: May 18, 1903
The connecting roads of the appellees form the short line-496 miles in length-between New Orleans and Atlanta. The through line consists of the Louisville & Nashville Railroad from New Orleans to Montgomery, the Western Railway of Alabama between Montgomery and West Point, and the Atlanta & West Point Railroad from West Point to Atlanta.
LaGrange is on the Western Railway of Alabama, 104 miles from Montgomery. Opelika lies between Montgomery and LaGrange, and is 38 miles distant from the latter place. LaGrange and the following stations between it and Atlanta are distant from Atlanta, as follows: LaGrange, 71 miles; Hogansville, 58 miles; Newnan, 30 miles; Palmetto, 25 miles; and Fairburn, 18 miles.
Pursuant to § 13 of the Act to Regulate Commerce [24 Stat. at L. 383, chap. 104, U.S.C.omp. Stat. 1901, p. 3164], Fuller E. Calloway, a merchant of LaGrange, filed a complaint against the appellees herein with the Interstate Commerce Commission. We take from the opinion rendered by the Commission in that proceeding the following synopsis of the averments of the complaint and answer:
'The complaint alleges, in substance, that defendants are subject to the provisions of the Act to Regulate Commerce; that rates charged by them for the transportation by continuous carriage or shipment of freights, wholly by railroad, from New Orleans, Louisiana, to LaGrange, Georgia, are unjust and unreasonable in themselves, and relatively unjust and unreasonable as compared with lower rates charged by defendants for carrying the same commodities over longer distances from New Orleans through LaGrange to Hogansville, Newnan, Palmetto, and Fairburn, Georgia, and other localities; that defendants' said rates from New Orleans to LaGrange and said longer-distance points and other localities unjustly discriminate against complainant and others, the city of LaGrange and vicinity and traffic carried thereto, and subject merchants and dealers therein to undue and unreasonable prejudice and disadvantage, and give undue and unreasonable preference and advantage to merchants and dealers at Hogansville, Newnan, Palmetto, Fairburn, and other localities and traffic consigned thereto; that defendants' said rates from New Orleans to LaGrange, Hogansville, Newnan, Palmetto, and Fairburn give them greater aggregate compensation for the transportation of like kind of property, under substantially similar circumstances and conditions, for the shorter distance from New Orleans to LaGrange than for the longer distance over the same line, in the same direction, from New Orleans to Hogansville, Newnan, Palmetto, or Fairburn; that the rates charged by defendants as aforesaid are in violation of §§ 1, 2, 3, and 4 of the Act to Regulate Commerce. The rates and distances involved are set forth in the complaint, and it is further alleged therein that the lowest rate charged by defendants from New Orleans to LaGrange yields them over 1 1/3 cents per ton for each mile of haul, and that their highest rate between said points affords them nearly 6 3/4 cents revenue per ton per mile.
'The defendants filed a joint answer, in which they admit that the rates charged are substantially as alleged in the complaint; that their rates to LaGrange amount for each mile to 1.36 cents per ton on the lowest class of freight (d), and to 6.71 cents per ton on the highest class (1), and that the rates for the shorter distance from New Orleans to LaGrange are more than they charge for the longer distances in the same direction from New Orleans to Hogansville, Newnan, Palmetto, and Fairburn; but they deny that the transportation to LaGrange Hogansville, and other points mentioned is conducted under substantially similar circumstances and conditions, and thereupon further deny that their said rates are in violation of § 4 of the statute. The defendants also deny the unreasonableness, injustice, wrongful discrimination, and undue and unreasonable prejudice and preference, advantage, and disadvantage, alleged by complainant under the 1st, 2d and 3d sections of the act. The answer contains statements of rates from New Orleans to the points in question, and to and from Montgomery, Alabama, and Atlanta, Georgia, showing, also, that the through rates to LaGrange, Hogansville, and the other points mentioned are made by combination of rates to Atlanta with local rates back over the same line to Fairburn, Palmetto, Newnan, Hogansville, and LaGrange; and it is further averred that the disparities in rates complained of are caused by a competitive situation at Atlanta which compels low rates to that point from New Orleans. The competitive circumstances and conditions at Atlanta are stated in the answer to be the competition of such supply markets as New Orleans, Baltimore, and other northeastern cities, Cincinnati, Louisville, and other Ohio river cities, and the competition of carriers from such markets to Atlanta, and to have resulted, after frequent and disastrous rate wars, in the establishment of certain relative rates from these various market cities to Atlanta, a disturbance of which would immediately lead to a repetition of such wars. Similar competitive conditions are claimed by the defendants to exist at Montgomery, Alabama, through which freight passes over defendants' through line to LaGrange and the other points mentioned or referred to in the complaint, and they further assert that the present relation of rates to Montgomery and Atlanta must also, under existing circumstances, be maintained. The following extract from the answer seems to succinctly set out the defendants' position in this case:
'The rates from Atlanta to those stations, respectively, LaGrange, Hogansville, Newnan, Palmetto, and Fairburn, are fixed by the Georgia Railroad Commission, and are just and reasonable. The rates from New Orleans to Atlanta are fixed by the competition between markets, and the competition between carriers, as explained above, and are just and reasonable. The rates charged by respondents are the sum of those rates, and, therefore, respondents' rates themselves are just and reasonable. The reason that Fairburn, Palmetto, Newnan, and Hogansville have lower rates than LaGrange is due alone to the fact that they are nearer to Atlanta, and not to any favoritism or discrimination on the part of the respondents.'
The evidence introduced at the hearing before the Commission, in support of the complaint, consisted solely of the testimony of the complainant, which dealt merely with the discrimination alleged to exist against LaGrange in the lesser rates accorded to greater distance points from New Orleans beyond LaGrange towards Atlanta, viz., Hogansville, Newnan, Palmetto, and Fairburn. Much evidence-both oral and documentary-was introduced on behalf of the railroads in support of the averments of the answer.
The various contentions contained in the complaint were sustained by the Commission, which made voluminous findings, and issued an order requiring the railroads in general terms to 'wholly cease and desist from each and every of the violations of law' found and set forth in its report and opinion. The remaining clauses of the order are set out in the margin The railoads not having obeyed the order, the Commission instituted the present proceedings in equity, in the Circut Court of the United States for the Southern District of Alabama. That court sustained the order of the Commission. 102 Fed. Rep. 709. The circuit court of appeals reversed the decree of the circuit court and remanded the cause, but 'without prejudice to the right of the Commission to proceed, upon the evidence already introduced before it, or upon such further pleadings and evidence as it may allow to be made or introduced, to hear and determine the controversy according to law.'
The cause was thereupon appealed to this court.
Mr. L. A. Shaver for appellant.
Mr. Ed. Baxter for appellees.
Mr. Justice White, after making the foregoing statement, delivered the opinion of the court:

## Notes

* ↑ U.S.C.omp. St. 1901, p. 3154.
Portion of Order of Commission.
It is further ordered and adjudged that said defendants, the Louisville & Nashville Railroad Company, the Western Railway of Alabama, and the Atlanta & West Point Railroad Company, do more particularly cease and desist from violations of the law, so found and set forth in said report and opinion as follows, to wit:
1. That said defendants and each of them cease and desist from charging, demanding, collecting, or receiving rates for the transportation of the several kinds or classes of freight from New Orleans, Louisiana, to LaGrange, Georgia, which, as a whole or upon any article of merchandise, are in any respect unreasonable or unjust.
2. That said defendants and each of them cease and desist from charging, demanding, collecting, or receiving the following unreasonable, unjust, and unlawful rates for the transportation from New Orleans, Louisiana, to La Grange, Georgia, of articles embraced in the various classes of their freight classification, that is to say: Classes; rates in cents per 100 pounds. per
Barrel. 1. 2. 3. 4. 5. 6. A. B. C. D. E. H. F.
143 124 109 93 74 59 41 48 33 1-229 66 74 59
3. That said defendants and each of them cease and desist from charging, demanding, collecting, or receiving rates or charges for the transportation of freight articles from New Orleans, Louisiana, to LaGrange, Georgia, which are equal to rates or charges contemporaneously in force over their railroads on like traffic carried from New Orleans through La Grange to Atlanta, Georgia; added to local rates in force on such traffic for local service over the Atlanta & West Point Railroad back from Atlanta to La Grange, such combined rates having been found and held in and by said report and opinion of the Commission herein to be unreasonable, unjust, unduly prejudicial, and unlawful, and so unreasonable, unjust, unduly prejudicial, and unlawful to the extent of such added local charges of the defendant the Atlanta & West Point Railroad Company.
4. That said defendants, and each of them, cease and desist from charging, demanding, collecting, or receiving any greater compensation in the aggregate for the transporting of freight articles from New Orleans, Louisiana, for the shorter distance to LaGrange, Georgia, than they contemporaneously charge, demand, collect, or receive for transporting the like kind of freight traffic from New Orleans for the longer distance over the same line in the same direction to Hogansville, or Newnan, or Palmetto, or Fairburn, Georgia, the shorter being included within the longer distance.
5. That said defendants, and each of them, cease and desist from charging, demanding, collecting, or receiving unreasonable, unjust, unduly prejudicial, and unlawful rates for the transportation of freight articles from New Orleans to LaGrange, which are higher than aggregate rates contemporaneously charged, demanded, collected, or received by them, or either of them, for the transportation of like kind of freight from New Orleans to Hogansville, or from New Orleans to Newnan, or from New Orleans to Palmetto, or from New Orleans to Fairburn.
6. That said defendants, and each of them, in the transportation of freight articles from New Orleans, cease and desist from charging and collecting rates or compensation which subject complainant and other dealers and consignees at LaGrange, Georgia, their traffic, or the city of LaGrange itself, to undue and unreasonable prejudice or disadvantage in any respect whatsoever, and also cease and desist from giving any undue or unreasonable preference or advantage to merchants, dealers, and consignees at Atlanta, Fairburn, Palmetto, Newnan, or Hogansville, or to their traffic, or to either of such cities or localities, namely, Atlanta, Fairburn, Palmetto, Newnan, or Hogansville, as against complainant and said other dealers and consignees at LaGrange, or the city of LaGrange itself.
And it is further ordered and adjudged that said defendants be, and they severally are hereby, recommended to so revise their schedules of rates and charges that the aggregate compensation charged and collected by them for the transportation from New Orleans to LaGrange of freight articles embraced in the several freight classes shall not exceed reasonable, just, and lawful class rates in cents per hundred pounds and per barrel on Class F as follows, to wit:
Class..... 1. 2. 3. 4. 5. 6. A. B. C. D. E. H. F.
Rates..... 103 88 77 64 52 42 24 31 24 20 44 49 40
-and that they make corresponding reductions or relatively reasonable and just charges in commodity rates, otherwise known as exceptions to class rates, from New Orleans to LaGrange, aforesaid.
And it is further ordered, that a notice embodying this order be forthwith sent to each of the defendant corporations, together with a copy of the report and opinion of the Commission herein, in conformity with the 15th section of the Act to Regulate Commerce.[278]
The railroads not having obeyed the order, the Commission instituted the present proceeding in equity, in the circuit court of the United States for the southern district of Alabama. That court sustained the order of the Commission.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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