Railroad Commission v. Texas & Pac. Ry. Co., 229 U.S. 336 (1913)

Railroad Commission of Louisiana v.

Texas & Pacific Railway Company
No. 335

Submitted May 8, 1913
Decided June 10, 1913
229 U.S. 336

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

It is the essential character of the commerce, not the accident of local or through bills of lading, which determines federal or state control thereover.

Commerce takes its character as interstate or foreign when it is actually started in the course of transportation to another state or to a foreign country.

In this case, staves and logs intended by the shippers to be exported to foreign countries and shipped from points within the state to a seaport also therein from which they were to be exported were in interstate and foreign commerce notwithstanding they were shipped on local bills of lading for the initial journey and were subject to interstate and not intrastate charges, and within federal and not state jurisdiction.

184 F. 989 affirmed.

The facts, which involve determining whether a shipment intended for export to a foreign country, but shipped to the exporting seaport on local bills of lading, was interstate or intrastate commerce, and whether it was subject to federal or state jurisdiction, are stated in the opinion.