American Express Co. v. South Dakota Ex Rel. Caldwell

Citations

• 244 U.S. 617
• 37 S. Ct. 656
• 61 L. Ed. 1352
• 1917 U.S. LEXIS 1669

Syllabus

<p>When the Interstate Commerce Commission finds that interstate rates are unduly discriminatory as compared with competitive intrastate rates and orders that the discrimination be abated, a further finding that the interstate rates are not unreasonable implies an authority to the carrier to maintain them and to raise the competitive intrastate rates to their level.</p> <p>But findings that such discrimination exists and that the interstate rates are reasonable do not necessarily imply a finding that the intrastate rates are unreasonable; both may be reasonable and yet produce discrimination, which is a relative matter.</p> <p>An order of the Interstate Commerce Commission directing carriers to desist from discriminating against interstate commerce by charging lower rates for local competitive intrastate traffic, may propérly leave to the carriers discretion to determine whether the discrimination shall be removed by lowering the interstate rates, or by raising the intrastate rates, or by doing both.</p> <p>Where the rates which a carrier seeks to alter, in avoiding the discrimination condemned by the Commission, are intrastate rates which have been fixed by state authority, the Commission’s order will justify the carrier only in so far as the order makes definite the territory or places to which it applies.</p> <p>In cases where the dominant federal authority is exerted to affect intrastate rates, it is desirable that, the orders .of the Commission should be so definite as to the rates and territory to be affected as to preclude misapprehension.</p> <p>The territorial scope of the order of the Commission here involved is ascertained (the order being on its face somewhat indefinite), by referring from the order to the report accompanying and made part of it, and thence to the maps of the railroads over which the report states the appellant express companies operate.</p> <p>A. state law (Laws South Dakota 1911, c. 207, § 10, as amended by Laws, 1913, c. 304) providin