Reset A A Font size: Print

United States Supreme Court


No. 275

Argued: Decided: December 6, 1909

Messrs. Maxwell Evarts, R. S. Lovett, F. C. Dillard, W. W. Cotton, and P. F. Dunne for the Southern Pacific Company et al.

Assistant to the Attorney General Ellis and Messrs. Luther M. Walter and Edwin P. Grosvenor for the Interstate Commerce Commission.

Mr. Chief Justice Fuller delivered the opinion of the court:

This case comes here upon a certificate of the three judges of the circuit court for the northern district of California, under 1 of the expediting act of February 11, 1903 (32 Stat. at L. 823, chap. 544, U. S. Comp. Stat. Supp. 1907, p. 951), as construed by them.

The suit was brought by the railroad companies in the circuit court, to restrain the enforcement of an order of the Interstate Commerce Commission, which established a [215 U.S. 226, 227]   maximum rate for the transportation of rough green fir lumber from points in the Willamette valley, Oregon, to San Francisco. The case came on for argument before the three circuit judges upon the demurrer of the Commission to the amended bill of complaint, to which was attached the opinion and order of the Commission.

The circuit judges certified the whole case, and it comes here without opinion, decision, or assignment of errors.

Upon the grounds stated in No. 339, Baltimore & O. R. Co. v. Interstate Commerce Commission [ 215 U.S. 216 , 54 L. ed. --, 30 Sup. Ct. Rep. 86], the certificate is dismissed and the case remanded to the Circuit Court, with directions to proceed therein in conformity with law.

Ordered accordingly.

Copied to clipboard