Charles Evans Hughes

“ On the application for an interlocutory injunction, the evidence taken before the Commission was not presented to the District Court. Affidavits were submitted by the carriers which were addressed to the effect of the order upon their revenues. The District Court made findings of fact, reciting the findings set forth in the report of the Commission and, in the view that these were conclusive in the absence of the evidence, and that no errors of law had been committed, the application was denied. ”

“ The carriers alleged that, since the closing of the record before the Commission in September, 1928, there had been material and important changes in the operating, traffic, and transportation conditions in the Western District which affected adversely the revenues of the carriers, and that, regardless of the question of the validity and propriety of the order when made, it would no longer be valid and proper in the light of the existing circumstances. ”

“ Their traffic is a barometer of general business conditions.' [8]
It is plain that a record which was closed in September, 1928-relating to rates on a major description of the traffic of the carriers in a vast territory-cannot be regarded as representative of the conditions existing in 1931. That record pertains to a different economic era, and furnishes no adequate criterion of present requirements. ”

“ The facts were set forth in the carriers' petition. They pointed out the grave reductions, in traffic and earnings, from which they were suffering, that their net operating income for 1930 was over $100,000,000 less than their average annual net operating income for the five years preceding, and that their credit was seriously impaired. ”

“ The order of July 1, 1930, was to go into effect on October 1, 1930, but because of mechanical difficulties in the preparation and printing of the tariffs, containing the great number of the revised rates, the effective date was postponed from time to time. ”