Pennsylvania R. Co. v. Illinois Brick Co., 297 U.S. 447 (1936)
Pennsylvania Railroad Co. v. Illinois Brick Co.
No. 360
Argued February 6, 7, 1936
Decided March 2, 1936
297 U.S. 447
CERTIORARI TO THE APPELLATE COURT
OF ILLINOIS, FIRST DISTRICT
Syllabus
1. The Interstate Commerce Commission, acting pursuant to its power to remove discrimination against interstate commerce and to make intrastate transportation yield its just proportion of carrier income, ordered carriers to increase their intrastate rates to the level of rates on interstate traffic previously authorized and established. The order in terms was to continue in force until changed by the Commission, and was accompanied by the Commission’s suggestion that individual instances of resulting inequalities be brought to its attention for correction.
Held: that the carriers were thereby compelled to put into effect increased intrastate rates and to collect them, and that an attempt by state authority to make them pay reparation to a shipper upon the ground that a specific intrastate rate so increased and collected was excessive and discriminatory was repugnant to the order and the Interstate Commerce Act and beyond the state jurisdiction. Pp. 453, 459.
2. Where a continuing order of the Interstate Commerce Commission requires that the level of intrastate rates be the same as that of interstate rates, and a later order merely requires the carriers to modify a differential between specific interstate rates to remove prejudice to a shipper, changes in such specific interstate rates under the later order must be accompanied by like changes in the corresponding intrastate rates to preserve the equality commanded by the earlier order. P. 460.
3. An order of the Interstate Commerce Commission allowing carriers a specified time within which to make required changes of rates implies a finding that such time is necessary to enable them to make computations and to prepare and post schedules as required by law. P. 461.
4. The question whether a state commission infringed constitutional rights of railroads by ordering reparation to a shipper who paid rates which the commission, acting within its powers, had previously authorized held not properly raised in the state trial court by merely putting in evidence the order and the record upon which it was based and the previous orders. P. 461.
5. This Court, reviewing a judgment of an intermediate state court, lacks jurisdiction to consider constitutional questions which the highest court of the State declined to consider because not raised in the trial court or presented to it in accordance with a well established and reasonable practice. P. 462.
278 Ill.App. 623 reversed.
Certiorari, 296 U.S. 560, to review the affirmance of a judgment on an order of reparation recovered by the Brick Company against the Railroad Company.