Railroad Commission of Ohio v. Worthington, Receiver of Wheeling & Lake Erie Railroad Company

Citations

• 225 U.S. 101
• 32 S. Ct. 653
• 56 L. Ed. 1004
• 1912 U.S. LEXIS 2073

Syllabus

<p>In cases of intervention in foreclosure suits, where jurisdiction depends upon diverse citizenship, jurisdiction of the intervening petition is determined by that of the original case, but petitions in original proceedings to enforce rights and protect the exercise of the jurisdiction of the court take, their jurisdiction from that of the original case. St. Louis, K. C. & C. R. R. Co. v. Wabash R. R. Co., 217 U. S. 247.</p> <p>Where the petition of the receiver, appointed in a case dependent on diverse citizenship, invokes the jurisdiction of the Circuit Gourt not only as ancillary to the receivership but also to protect the estate on grounds involving alleged infractions of the Federal Constitution ■and rights secured thereby, the case is not one in which the judgment of the Circuit Court of Appeals is made final by the act of 1891, and ah appeal lies to this court where the amount in controversy exceeds one thousand dollars.</p> <p>Where the case can be taken to the Circuit Court of Appeals, the fact that it involves grounds that warrant a direct appeal to this court does not deprive the Circuit Court of Appeals of jurisdiction.</p> <p>Under the Constitution of the United States, the National Government has exclusive authority to regulate interstate commerce, and any attempt by the State to regulate rates for interstate transportation is void. Louisville & Nashville R. R. Co. v. Eubank, 184 U. S. _ 27. •</p> <p>An order made by a state commission under assumed authority of the State, which directly burdens interstate commerce, will be enjoined. McNeill v. Southern Railway Co., 202 U. S. 543.</p> <p>A rate fixed on that part of interstate carriage which includes the actual placing of the shipment into vessels ready to be carried beyond the state destination is, as to merchandise intended for points beyond the State, a burden on interstate, commerce and beyond the power of the State to- impose, even if the merchandise is billed from a point within the State to th