Edward Douglass White

“ The decrees of the Circuit Court of Appeals and of the Circuit Court must be modified by providing that the dismissal of the bills shall be without prejudice to the right of the Interstate Commerce Commission, if it so elects, to make an original investigation of the questions contained in the records pertinent to the complaints presented to that body, and, as so modified, said decrees must be affirmed, and it is so ordered. ”

“ The court decided that the Commission had erroneously construed the statute in holding that competition which was actual and substantial in its effect upon rates, if resulting from the action of other carriers who were subject to the Act to Regulate Commerce, could not produce the dissimilarity of circumstances and conditions provided in the 4th section of the act, so as to enable a carrier in adjusting rates to take into view such competition without the previous assent of the Commission. ”

“ In case No. 68 the complaint was that the rates charged by the defendant for freight transportation by continuous carriage from the city of New York and other eastern seaboard points to Greensboro, Madison, Social Circle, Covington, Conyers, and Stone Mountain,-towns and stations situated on the line of the Georgia Railroad between Augusta, the eastern terminus of that road, and Atlanta, its western terminus,-were greater in each case than the amounts charged and received for freight carried to the city of Atlanta, the longer-distance point. ”