Alabama v. United States, 279 U.S. 229 (1929)

Alabama v. United States

No. 166

Argued February 21, 1929
Decided April 8, 1929
279 U.S. 229

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE NORTHERN DISTRICT OF ALABAMA

Syllabus

1. The Interstate Commerce Commission has power, after full inquiry, to establish intrastate rates on commodities where the maintenance of such rates on a lower basis than those found reasonable would result in unjust discrimination against, and undue prejudice to persons and localities in, interstate commerce. P. 230.

2. The Act of Congress requiring the consideration of applications for interlocutory injunctions in certain cases to be made by three judges and allowing an appeal to this Court (Jud.Code, § 266, as amended), has in no way modified the well established doctrine that such applications are addressed to the sound discretion of the trial court and that an order granting or denying such an injunction will not be disturbed by an appellate court unless the discretion was improvidently exercised. P. 230.

Affirmed.

Appeal from a decree of the district court denying an application for a preliminary injunction to set aside orders of the Interstate Commerce Commission establishing intrastate rates on fertilizers and fertilizing material in the Alabama.