Interstate Commerce Commission v. Stickney

On December 10, 1907, the Interstate Commerce Commission entered an order requiring certain railroads running into Chicago to cease and desist from making a terminal charge of $2 per car for the transportation of live stock beyond the tracks of said railroads in Chicago, and for delivery thereof at the Union Stock Yards, and requiring them to establish and put in force for said services a charge of $1 per car. Compliance with the order was postponed by the Commission until May 15, 1908. On May 7, 1908, the appellees filed this bill in the circuit court of the United States for the district of Minnesota, to restrain the enforcement of said order, averring that the actual cost to them for such terminal services exceeded in each instance the sum of $2 per car, and that the companies were making delivery at a charge less than such actual cost; that therefore the reduction of the charge by the commission to $1 per car was unreasonable, opprssive, and unlawful. A hearing was had before three judges of the eighth circuit, and a restraining order entered as prayed for by the railroad companies, from which order an appeal was taken to this court.

Assistant to the Attorney General Ellis and Mr. S. H. Cowan for appellant.

[Argument of Counsel from pages 99-102 intentionally omitted]

Messrs. William D.Mchugh and Walker D. Hines for appellees.

[Argument of Counsel from pages 102-104 intentionally omitted]

Statement by Mr. Justice Brewer:

Mr. Justice Brewer delivered the opinion of the court: