Turner Lumber Co. v. Chicago, M. & St.P. Ry. Co., 271 U.S. 259 (1926)

Turner, Dennis & Lowry Lumber Company v.

Chicago, Milwaukee & St. Paul Railway Company
No. 271

Argued April 26, 27, 1926
Decided May 24, 1926
271 U.S. 259

ERROR TO THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF MISSOURI

Syllabus

1. A suit by a shipper to recover money exacted by a carrier under an interstate tariff alleged to be unauthorized by the Interstate Commerce Act, or unconstitutional, is within the jurisdiction of the district court, irrespective of the amount involved, as a suit arising under a law regulating commerce. Jud.Code § 24, par eighth. P. 261.

2. Preliminary resort to the Interstate Commerce Commission is not essential to a suit to recover alleged wrongful demurrage charges, no administrative question being presented. P. 262.

3. An additional demurrage charge, miscalled a penalty, of ten dollars per car, per day, imposed by tariff on cars of lumber held at initial destination beyond a specified time, for reconsignment, and found reasonable, on evidence, by the Interstate Commerce Commission, does not exceed the Commission’s statutory authority, nor the power of Congress to delegate authority to the Commission. P. 262.

4. Neither is such charge violative of due process because without notice other than that conveyed by the tariff, or violative of equal protection of the laws because applicable only to cars loaded with lumber. P. 263.

2 F.2d 292 affirmed.

Error to a judgment of the district court for the railway company in an action by the lumber company to recover a sum collected under a demurrage tariff.