Icc v. Chicago, B. & Q. R. Co., 186 U.S. 320 (1902)

Interstate Commerce Commission v. Chicago,

Burlington and Quincy Railroad Company
No. 164

Argued November 7-8, 1901
Decided June 2, 1902
186 U.S. 320

APPEAL FROM THE COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

This record requires the court to determine whether the court below rightly refused to enforce an order of the Interstate Commerce Commission by which it was found that an alleged terminal charge, made by the defendants in error, for the delivery of livestock to the stockyards in Chicago, was unjust and unreasonable, and hence a violation of the Act to Regulate Commerce.

As the right of the defendant carriers to divide their rates was conceded by the Commission, and upheld, no contention on this subject arises.

The through rate existing prior to June 1, 1894, is presumed to have provided compensation for services in making delivery at the stockyards.

The proposed conclusion that the rates were unjust and unreasonable cannot be sustained.

The decree of the circuit court of appeals was right, and must be affirmed, but nothing therein is to be construed as preventing that body from commencing proceedings to correct unreasonableness in the rates as to territory to which the reduction did not apply.

The case is stated in the opinion of the Court.