Appeal from the District Court of the United States for the Southern District of Texas.
[289 U.S. 627, 629] Mr. Luther M. Walter, of Chicago, Ill., for appellants New Orleans Joint Traffic Bureau et al.
Mr. Charles M. Spence, of Dallas, Tex., for appellants Texas & P. Ry. Co. et al.
Mr. Wylie M. Barrow, of Baton Rouge, La., for appellant the State of Louisiana.
Mr. Edward R. Schowalter, of New Orleans, La., for appellant Lousiana Public Service Commission. [289 U.S. 627, 630] Mr. John St. Paul, Jr., of New Orleans, La., for appellant Board of Comrs. of Port of New Orleans.
Messrs. A. L. Burford, of Shreveport, La., and R. E. Milling, Jr., of New Orleans, La., for appellants Louisiana & A. Ry. Co. et al.
Mr. Daniel W. Knowlton, of Washington, D.C., for appellees the United States and the Interstate Commerce Commission.
Mr. R. S. Outlaw, of Chicago, Ill., for appellees Missouri-Kansas- Texas R. Co. et al.
Mr. R. C. Fulbright, of Houston, Tex., for appellees Galveston Chamber of Commerce et al.
Mr. Justice ROBERTS delivered the opinion of the Court.
The Galveston Commercial Association complained to the Interstate Commerce Commission that carload commodity rates on import, export, and coastwise traffic between a portion of western classification territory and Galveston were unreasonable, and their relationship with those to and from Houston, Texas City, Beaumont, Port Arthur, and Orange, Texas, and New Orleans, La., was unduly prejudicial to Galveston. 1 The claim of unreason [289 U.S. 627, 631] ableness was abandoned, as was also the assertion of discrimination in favor of the other Texas ports. The latter intervened and prayed the same relief as might be accorded Galveston in respect of rate relationship with New Orleans. The issue was therefore narrowed to one of prejudice to them and preference of New Orleans. Railroads serving the Texas ports and various shippers and commercial bodies intervened in support of the complaint; interests connected with the port of New Orleans and shippers intervened in opposition.
The Commission found that export and import rates on fourteen commodities from or to points in Arkansas, Texas, Oklahoma, Southern Kansas, and Louisiana west of the Mississippi river were unduly prejudicial to Galveston and unduly preferential of New Orleans. In all instances where the distance to Galveston is less than the distance to New Orleans by not over one hundred miles it permitted equal rates; but for differences in distance exceeding one hundred miles it prescribed certain named minimum differentials in favor of Galveston.