Missouri Pacific Railway Co. v. United States

Citations

• 189 U.S. 274
• 23 S. Ct. 507
• 47 L. Ed. 811
• 1903 U.S. LEXIS 1350

Syllabus

<p>Prior to tlie passage of the aci^of Congress “ to further regulate commerce with foreign nations and among the States ” approved February 19, 1903, a District Attorney of the United States under the direction of the Attorney General of the United States given in pursuance of a request made by the Interstate Commerce Commission was without power to commence a proceeding in equity against a railroad corporation to restrain it from discriminating in its rates between different localities. Held, therefore, that there was error committed below in refusing to sustain a demurrer of a defendant railroad company to a bill filed by a District Attorney of the United States under the circumstances stated.</p> <p>As, however, the act of February 19, 1903, expressly conferred the power which did not theretofore exist and as that act Specifically provided that the new remedies which it created should be applicable to all causes then pending, Held, that although the action of the lower court in, ref using to sustain the demurrer would be overruled, the case would not be finally disposed of but would be remanded for further proceedings in consonance with the provisions of the act of February 19, 1903.</p>