Louisiana Pub. Serv. Comm’n v. Railroad Co., 284 U.S. 125 (1931)

Louisiana Public Service Commission v.

Texas & New Orleans Railroad Co.
No. 36

Argued October 13, 1931
Decided November 23, 1931 *
284 U.S. 125

APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF LOUISIANA

Syllabus

1. An order of the Interstate Commerce Commission requiring that certain freight rates fixed by state authority be increased to correspond with interstate rates on the same kind of traffic, fixed by the Commission, held within the power of the Commission to prescribe intrastate rates in place of those found unduly to discriminate against persons or localities in interstate commerce, or against that commerce. Interstate Commerce Act, § 13(3)-(4). P. 130.

2. The evidence before the Commission is examined and is found sufficient to sustain its action. P. 132.

3. The order of the Commission fixing interstate and intrastate rates on transportation of road material in Arkansas, Oklahoma, Texas, and a part of Louisiana, added an allowance of eight cents per ton for ferrying such of the traffic as crosses the Mississippi in Louisiana to and from certain points on the east bank of the river.

Held:

(1) That inclusion of this allowance does not violate Art. I, § 9, cl. 6 of the Constitution, even though in effect it may benefit ports in Texas, to the incidental disadvantage of ports in Louisiana. P. 131.

(2) Neither the failure of the Commission separately to ascertain and state, nor the absence of evidence to show, the cost to carriers of the ferry service requires annulment of the rates in which the allowance for that service is included. P. 132.

41 F.2d 293 affirmed.

Appeals from a decree enjoining the Louisiana Public Service Commission from interfering with application to intrastate traffic of rates fixed for the plaintiff carriers by the Interstate Commerce Commission, and from a decree dismissing a bill against the United States by which the state and its commission sought to annul the order of the federal commission establishing the rates.