Western New York & P. R. Co. v. Penn Refining Co.

Citations

• 137 F. 343
• 1905 U.S. App. LEXIS 4545
• 70 C.C.A. 23

Syllabus

<p>1. Interstate Commerce—Excessive Charges—Order of Reparation—Execution.</p> <p>Interstate Commerce Act, § 16 (Act Feb. 4, 1887, c. 104, 24 Stat. 384 [U. S. Comp. St. 1901, p. 3165]), as amended by Act March 2, 1889, c. 382, § 5, 25 Stat. 859 [U. S. Comp. St. 1901, p. 3167], provides that whenever any common carrier, as defined in such act, shall violate, refuse, or neglect to obey any lawful order or requirement of the commission, not founded on a controversy requiring a trial by jury, it shall be lawful for the com- • mission or any person interested to apply in a summary way. by a petition to the- Circuit Court of the United States sitting in equity for the enforcement of such orderand, if the matters involved require a trial by jury, it shall be lawful for any person Interested to apply to a court of the United States sitting aá a court of law to fix a time for a trial of the case, etc. Held, that the Interstate Commerce Commission, though clothed with quasi judicial function's, being an administrative body, no “lawful order’’ referred to in section 16, was self-executing.</p> <p>2. Same—Evidence—Finpings of Commission—Conclusions of Law.</p> <p>The mere opinions of the Interstate Commerce Commission are inadmissible in an action brought for the enforcement of an order of pecuniary reparation.</p> <p>3. Same.</p> <p>Interstate Commerce Act, § 16, as amended by Act Cong. March 2, 1889, c. 382, § 5, 25 Stat. 859 [U. S. Comp. St. 1901, p. 3167], providing that the findings of fact of the Interstate Commerce Commission shall be prima facie evidence of the facts found in' a subsequent proceeding to enforce the commission’s order, contemplated that the findings of fact should be so prepared and arranged in the .commissi oil’s report that they could be offered in evidence unaccompanied by extraneous or incompetent legal arguments, opinions, or other conclusions.</p> <p>4. Same — Discrimination — Remedies — Interstate Commerce Commission— Orders.</p> <p>Under- Interst