Louis Brandeis, American Express Company v. South Dakota ex rel Caldwell…
“ That court denies not only the intent of Congress to confer upon the Commission authority to remove an existing discrimination against interstate commerce by directing a change of an intrastate rate prescribed by state authority, but denies also the power of Congress under the Constitution to confer such power upon the Commission or to exercise it directly. ”
Louis Brandeis, American Express Company v. South Dakota ex rel Caldwell…
“ South Dakota did not adopt the national system. It adheres to a schedule of maximum express charges, known as Distance Tariff No. 2, which was promulgated by its Board of Railroad Commissioners in 1911, and which, on weighted average, is about 40 per cent lower than the Zone and block system. Shippers of Sioux City, Iowa, complained that the differences between these interstate and intrastate scales of rates resulted in unjust discrimination against them, to the advantage of their South Dakota competitors. ”
Louis Brandeis, American Express Company v. South Dakota ex rel Caldwell…
“ Where a proceeding to remove unjust discrimination presents solely the question whether the carrier has improperly exercised its authority to initiate rates, the Commission may legally order, in general terms, the removal of the discrimination shown, leaving upon the carrier the burden of determining also the points to and from which rates must be changed, in order to effect a removal of the discrimination. ”
