Louis Brandeis

“ The prayer that the contemplated action of the Wheeling should be enjoined because its directors hold office illegally, are faithless to their trust, are acting in violation of the rights of stockholders under the Ohio law, and, hence, that the Wheeling could not legally exercise the authority granted to it by the Commission, was not properly joined in this suit and is not subject to review in this Court on a direct appeal. An application for such relief may not be included in a bill under the Urgent Deficiencies Act to set aside an order of the Interstate Commerce Commission. ”

“ Unlike orders entered in cases of reorganization, and in some cases of acquisition of control of one carrier by another, [8] the order under attack does not deal with the interests of investors. The injury feared is the indirect harm which may result to every stockholder from harm to the corporation. Such stockholder's interest is clearly insufficient to give the Pittsburgh a standing independently to institute suit to annul this order. ”

“ The Union Terminals Company is owned entirely by the New York Central, the New York, Chicago, & St. Louis Railroad Co. (Nickel Plate) , and the Cleveland, Cincinnati, Chicago & St. Louis Railway Co. (Big Four) .↑ The land upon which the station was to be constructed was owned by the Cleveland Terminals Building Company. It conveyed the ground to the Terminals Company, reserving the air rights to itself. ”