United States v. Capital Transit Co., 338 U.S. 286 (1949)

United States v. Capital Transit Company

No. 40

Argued October 20-21, 1949
Decided November 14, 1949 *
338 U.S. 286

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Syllabus

1. Under this Court’s decision in United States v. Capital Transit Co., 325 U.S. 357, the Interstate Commerce Commission still has jurisdiction under the Motor Carrier Act to prescribe joint through fares for the transportation of passengers by the Capital Transit Co. and connecting Virginia lines between the District of Columbia and certain nearby points in Virginia -- even though, since that decision, active warfare has ended, the number of such passengers has been reduced, the Capital Transit Co. has discontinued running any busses from the District of Columbia into Virginia, and its share of such interstate traffic is now confined to carrying passengers between residential sections and the business section of the District of Columbia, where they transfer to or from other lines running between the District of Columbia and Virginia. Pp. 288-291.

2. This Court’s decision in United States v. Yellow Cab Co., 332 U.S. 218, does not conflict with its prior holding that such transportation was part of a continuous stream of interstate transportation. P. 290.

3. The Commission’s finding, made in the prior proceedings, that its exercise of jurisdiction was necessary to a national transportation system "adequate to meet the needs of . . . the national defense" is still supported by substantial evidence, notwithstanding that the nation is no longer engaged in active warfare and there are fewer Army and Navy employees at the Virginia installations. Pp. 290-291.

4. Since the record in this case fails to show that there was properly presented to the Commission for its determination any issue as to whether the joint rates in question are confiscatory, that question is not ripe for judicial review. P. 291.

Reversed.

A three-judge District Court enjoined enforcement of an order of the Interstate Commerce Commission putting into effect a rate order of the Interstate Commerce Commission sustained by this Court in United States v. Capital Transit Co., 325 U.S. 357. On appeal to this Court, the judgment of the District Court is reversed, p. 291.