St. Louis, I.M. & S. Ry. Co. v. J. F. Hasty & Sons, 255 U.S. 252 (1921)

St. Louis, Iron Mountain & Southern Railway


Company v. J. F. Hasty & Sons
No. 178


Submitted January 21, 1921
Decided February 28, 1921
255 U.S. 252

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE EASTERN DISTRICT OF ARKANSAS

Syllabus

1. Where a case in the district court arising under the Constitution has been reviewed by this Court under Jud.Code, § 238, this Court retains jurisdiction to review a supplementary decree of the district court not directly involving any constitutional question. P. 254. Arkadelphia Co. v. St. Louis Southwestern Ry. Co., 249 U.S. 134.

2. A tariff giving special rates on rough wood material on shipment to mill on condition that certain percentages of it by weight should be shipped over the same line after manufacture, and which specified as rough materials "Rough Lumber, Staves, Flitches, Bolts, and Logs," and among finished materials "Staves and Heading," held applicable to "bolts" out of which barrel headings were made, the term "bolts" in this connection having a loose generic meaning. Id.

3. Where the meaning of such a tariff was plain, held that an application for a construction by the state commission by which it was promulgated was not necessary for enforcement of a shipper’s rights under it. P. 256.

Affirmed.

The case is stated in the opinion.