Railroad Commission v. Worthington

Citations

• 187 F. 965
• 110 C.C.A. 85
• 1911 U.S. App. LEXIS 4267

Syllabus

<p>1. Courts (§ 405*) — Federal Courts — Jurisdiction of Circuit Court ot Appeals.</p> <p>A. decree entered by a Circuit Court on an ancillary bill filed by a receiver of that court for the protection of the property in Iris charge is appealable to the Circuit Court; of Appeals, although it involves the construction or application o-f the Constitution; the jurisdiction of that court in such case being dependent on its jurisdiction of the original suit.</p> <p>I Ed. Note. — For other cases, see Courts, Cent. Dig. ■§§ 1097-1103; Dec. Dig. § 105.*</p> <p>Jurisdiction of Circuit Court of Appeals in general, see notes to Lau Ow Row v. United States, 1 C. C. A. 6; United. States Freehold Land & Emigration Co. v. Gallegos, 32 C. C. A. 475.]</p> <p>2. Commerce (§ 34*) — Power to Regulate — What Constitutes “Interstate Commerce.”</p> <p>A so-called “lake cargo rate,” made by a. railroad company for the carriage of coal in car load lots from a mining district in Ohio to Huron and Cleveland, ports in that state on Lake Erie, which includes the loading of vessels with such coal for transportation to ports in other states on the Upper Lakes, is a rate for transportation in interstate commerce, and not subject to regulation by the Railroad Commission of Ohio.</p> <p>[Ed. Note. — For other cases, see Commerce, Cent. Dig. §§ 26, 82; Dec. Dig. § 34.*</p> <p>For other definitions, see Words and Phrases, vol. 4, pp. 3724 3731.1</p>