The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-10-12
RaILR0I YITg DECISIoy.

| The United Staia Circuit Cp.rf Of A.
pesis So oud ttrC'' N ya,afnFp a
ton obtained by . stgpsr axafn.i q ...r-,,.
10 prevent The adNl,s of - frrtgNf ~. d,
point WhiCh wa- 10 ged 20 DO ,rrr-.r,.
aud di-crimi nn Il ing has d-,id-d 'I,t ~ =,
p-rS may not rr~orto the courts Tor Dol. .,
F IN advance of actioEby the lntsr.r.'a ton
merc- Commission
The cas- was tlt Ntskutr. Steel ,.
pahy - the New ~ Central and u ....,
/ River Railroad umAnv 81 al Tho. t4
tihS are producers IRON anu steel r...-
/ Bunalo. who sc: ihir furnace ,u.r f....,
3 the Connell-vills teton In western Pom.
/ syivania Ia carload lots. which '.. ....
/ tendant railroad transports under ...r,
,raitic arrangements for thrunrr rurs.
I The defendants Top,~ed 10 ad,ar,. ,t.
: rate from - ~ SIS ton. amt "a OBJ.
complaint the hintiis alleged frs' r-
former rate was InIunrrattNr THAI f.r .,I.
vance was The psilt OF Consuira,l OIL. .....
/ eliminate again-'th. plaintiffs Iu laI.-u.
producers VA th~.,arN aud HI't~h4rs dis.
tTiCts. nd hat Tn proposed iu'reas, ~ la
do the plaintiffs ir,parahle damage
The d~fendant%~t M that they had for.
wnrded the tarifin question to The luta,.
state commerce commission Tor -. Al.
prevail. and wi'hut Answering the ,ta-,s
that the rate We unreasonable and die.
-uiOn that the CnTt had no Jurisdiction ~
the subject matte and that question alone
remained tor The curt 10 determine
In his decision udgs Ward a-sarfs TIA,
section of the Interstate commerce a.
gives any person 40 claims 20 10 damaged
hv any carrier SuieCt To the provision. of :
the act the right , elect whether he -haI
complain 10 the ummission CT bring SUI ,
before any Frdrri District 0r Circuit Cn.-, I
videS that nothin m the act shall anr,d.s'
the remedies pNi-nR NJ common law or B.. :
statute hut the rovisiun- at this 49, sr- '
in addition tn sua remedies section -
gives the CiTCult nd district courts rlr,,.
diCtiOn Ia case okiolation Of certain pro.
Visions Of the acto issue writs 81 man.
damuS against II carrier requiring 10 10
conform To- the az
The court de,la.- thar thesa broad prn,I.
sionS would appaently iustifv The eNsrr's
nv the court Of Az at IT. inherent rovar.i
In behalf of the pmplR inants. hu' 'hs =.
prem. court 81 . United states las held
IN Texas and Paihc Railway " Nbienst
Cotton Oil Jompay tcOA T. = ga, that 'Esv
are to be- Con-irnd with reference - and
limited by the psrers conferred hy con.
gTess upon he lterState Commerce Com.
mission for the urpose Of insur.ng and,
enforcing the sstolishmen' of rea-onahl.
and uniform rate In other words they
are 20 he ConstriHd ms intended To redress
wrongs that ne.dlot he comp AIMED ~ IN
The first instance tdhe Interstate tommerce
{ Commission
In the case quoki Justice white said
Concluding. a. wsio. that a shipper se~slns,
rensrAtion predlca, 10 upon the unrrasonAb lsa.s,'
80 me established itr must under the ~, ,ot
regulate commerce primarily invoke redress
through the lntrr~it~ Commerce Commission
which body alone i esied With power originally,
TO entertain proceedings for the alteration ~
an established schcdir because The rates rSed
therein are unr-a >nablr. II II uunecrssAry 'Hr'
us Ia consider WheSr the court b~Iov WouE
have had the iurisdiion to AFFORD rchr' = -.
RICH, asserted had nnhecn repugnAnt 20 tho prr
visions ~ the act tp gulAie commerce
Judge Ward aN"Ithat conreding 'ha Or
% argued that rhet NHuit Court ma,rNer.ts-'
~ inherent power 80 prevent threatened,
IN urv where The raN have not been artuslv'
Fixed m HCcord.n,tWifh tho provisions u'
be statute or ~ otter orri- n the carrier
simply threatens 'CrN u rate and has no'
Vet lone 80. ia" curt NAV restrain no
Garner 4 u rrgaTd.the rat" - unreas"u.
able The effect ~ - would he to proven
b" carrier from even xinR or changing ~.
rat" IN accordance VII 'he law says Judge
ward aud IN he presnt case the court 20
CARDS The proposed ate a. HNed While
h" tni"r-tat" 'ommals act requires rh4
proposed schedule 30 h,nled with the Cor'.
~ i-sion and posted fo thirty davs wha-a
passengers and freigt are r~ceivsd fn-
transportation. the SuTeme Court in Texas
and pacih" Railway = Ciaro t-Ot
'i1' has held that a tariffs established even
II It hiss not been postecproperly Ju-rr"
Whit" held IN thar cas- the Ming 81 The
s. hedul" With thu commission and -enirrg.
" cupie- to ~ freight ohreS WAS SuNirieur
Judge Ward names othe decision- ~ no
supreme court Snh-"quef to the abilene
'sse In which the court rueraie. the rrn-
'iple that the courts cannt act m advance
n m" Interstate Iommere Commission
In = concurring opinia Judge NoysS
avs that the Interstate Commerce Com
Nilsson exists for the purpoe 81 preventing
must discrimination by common carriers.
ut the power 81 the comm,sion under ,he.
- 20 sAord relief - narSWer than the
tights g~oganteed by the e. while the
~ forbids discriminatory ties and prac-
ices. the commission can oly stop them
fier they have become eTe,ive and have
'erhapA done irrepArable inj,U. shipper
Untitled under tho net To -eedom from
Determinations may vet ; ruined hv
determinations before the commission can
axe action II the courts areroweriess -
intervene and grant some maaure OF in
unctive relief
Judge Noyes says that IN thsnresent os.s
he Circuit Court granted a. Injunction
'rc~erving the existing aituRtin until tho
Interstate Commerce Commission could
90. and required security for ha protrc.
ion Of the defendants Judge soy,s savs
hat mon principle u seems To hin that
he lower court In afordinR the ujuictivs
elief was merely aiding tho COMMISSION
P furthering its objects. and not encrsch-
y upon its field. II tho question 'ers
open one he would regard this puer
n grant such relief a. merely supplement
ne thu authority conferred upon the On.
MISSION In view Of the supreme Couis
eCision In baltimore and Ohio Railway
'itcairn t2iS 4. y. ISI. he agrees that h
ourt 10 not ~ liberty to adopt tie conclnsn
hat would follow from such Wow. he On
Interpret II in no other way than az broady
Gliding that tho shipper. cannot resor'
he courts for relief In advance NJ ar'tonS
he interstate commerce Commission.