J. Rosenbaum Grain Co. v. Chicago, R. I. & T. Ry. Co.

Citations

• 130 F. 46
• 1903 U.S. App. LEXIS 5254

Syllabus

<p>1. Interstate Commerce — Attempted Regulation by State Commission.</p> <p>A state railroad, commission is without power to require a railroad company to cancel and abolish “proportional tariffs” which apply only to interstate or foreign shipments, and which were adopted with the approval of the Interstate Commerce Commission, to prohibit the company from permitting export shipments of grain to be stopped in transit within the state for cleaning, grading, etc., or by similar orders to attempt to regulate interstate or foreign commerce.</p> <p>2. Same — Invalid Orders — Injunction.</p> <p>Complainant owned a large grain elevator at Ft. Worth, Tex., and was engaged largely in buying grain in other states for shipment and export, shipping the same over the defendant railroad company’s lines to Ft. Worth, which was its southern terminus, transferring it there to its elevator for cleaning and grading, and then reshipping, availing itself of the proportional tariff on through shipments put in force by the defendant and other connecting companies. The Texas Railroad Commission, also made defendants, without notice to either complainant or the railroad company entered orders requiring the company to cancel its proportional tariffs, prohibiting it from permitting grain shipped on export billing to be transferred into complainant’s elevator, and requiring it to cancel any contracts it might have with complainant whereby it had undertaken to pay any sum of money for any purpose whatever. It was further required to file a notice of compliance with such orders by a given time, under penalty of the institution of “such proceedings as may be found proper and adequate to enforce compliance” therewith. Complainant alleged in its bill that defendant railroad company had given notice of its intention to obey such orders, being moved thereto, as alleged, by the fact that it had other interests pending before the commission of great importance to itself. Held, such facts not being con