New York v. United States (342 U.S. 882)/Opinion of the Court

The motion to affirm is granted and the judgment is affirmed.

Mr. Justice DOUGLAS, dissenting. DP The Interstate Commerce Commission has ordered intrastate commuters' fares of the New Haven and Hartford Railroad Company increased in New York to the level of interstate commuters' fares. The Commission found that the transportation conditions surrounding intrastate trains were substantially similar to those surrounding interstate trains. Interstate fares were determined to be reasonable. But present intrastate fares were found not to be producing a reasonable return on investment. The Commission concluded that persons and localities in interstate commerce, and interstate commerce, were being unduly discriminated against. Pursuant to s 13(4) of the Interstate Commerce Act, 49 U.S.C. s 13(4), 49 U.S.C.A. s 13(4), it ordered intrastate fares raised to the level of interstate fares to remove the discrimination. A three-judge district court affirmed the order of the Commission as to the finding of discrimination against interstate commerce, but did not pass on the finding of discrimination against persons and localities in interstate commerce. 98 F.Supp. 855.