Northern Pacific Railway Co. v. Carstens Packing Co.

Citations

• 92 Wash. 243

Syllabus

<p>Commerce — Regulation — Rules of Interstate Commerce Commission — Reasonableness—Power of Courts — Jurisdiction. The courts are without jurisdiction to determine the reasonableness of the demurrage rules of the Interstate Commerce Commission, except in review of orders of the commission prescribing such rules, committed, in the first instance, to the board by Congress, where the question is raised in an action by a carrier to collect demurrage and is involved in or depends upon the provisions of the act, and does not involve a constitutional subject which from its very nature and effect dominates the act to regulate commerce, and independent of all right or remedy created or depending upon that statute.</p> <p>Same. The decision of the Interstate Commerce Commission that its rule charging demurrage on loaded private cars while on its own private tracks has a tendency to force such cars back into commerce, and that, having submitted its cars to use under those conditions, the owner cannot complain when the conditions are enforced, obviously raises the constitutional question as to the taking of private property without due process of law, as an administrative question under the act to regulate commerce, which had no existence “independent of all right or remedy under the statute;” hence the courts have no jurisdiction to determine the reasonableness of the rule except in review of orders of the commission prescribing it.</p> <p>Fullerton, J., dissents.</p>