Director General or Railroads v. Viscose Co., 254 U.S. 498 (1921)

Director General or Railroads v. The Viscose Company

No. 424

Argued December 8, 1920
Decided January 3, 1921
254 U.S. 498

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. Under the Federal Control Act and the Transportation Act of 1920, changes in the classification of a commodity and in the rules determining its acceptance for shipment are as fully within the jurisdiction of the Interstate Commerce Commission when proposed by the Director General of Railroads as if proposed by a carrier subject to the Interstate Commerce Act. P. 501.

2. An amendment or supplement to a freight tariff schedule, filed with the Interstate Commerce Commission, cancelling the published classification and rates on artificial and natural silk and amending a rule so as to include such silk among the articles not accepted for shipment attempts both a classification and a change of regulation within the meaning of the Interstate Commerce Act, the reasonableness of which, when challenged by a shipper, presents a question within the exclusive initial jurisdiction of the Commission. P. 500.

3. Held that a shipper, complaining of such changes, should apply for relief to the Interstate Commerce Commission, and that the district court was without jurisdiction in the first instance to annul the changes and enjoin carriers from complying with them.

The case is stated in the opinion.