Chicago, Ind. & Louisville Ry. Co. v. United States, 219 U.S. 486 (1911)

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Chicago, Indianapolis and Louisville


Railway Company v. United States
No. 74


Submitted December 16, 1910
Decided February 20, 1911
219 U.S. 486

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

Louisville & Nashville Railroad Co. v. Mottley, ante, p. 467, followed to effect that, under the Act of June 29, 1906, c. 3591, 34 Stat. 584, amending the Act of February 4, 1887, c. 104, § 2, 24 Stat. 379, a carrier cannot accept any compensation other than cash for interstate transportation, and the delivery of such transportation in exchange for advertising is a violation of the act, and it is no defense that such a transaction is permitted by a state statute.

No state enactment can avail when the subject has been covered by an act of Congress acting within it constitutional power. In such a case, the Act of Congress is paramount and the state law must give way.

The facts, which involve the construction of provisions of the Interstate Commerce Act relating to payment of fare on railways, are stated in the opinion.