Louis Brandeis

“ At no time has the rule expressly prescribed whether costs shall be allowed when the judgment or decree below is reversed only in part. But it has long been the practice of the clerk to insert in the mandate, in such cases, the provision for payment of costs by the defendant in error, appellee, or respondent, in the absence of specific direction by the court. ”

“ Court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suit the findings and order of the Commission shall be prima facie evidence of the facts therein stated, and except that the petitioner shall not be liable for costs in the Circuit (District) Court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. ”

“ That ruling was acquiesced in by Spiller, and, in this respect, the judgment was affirmed by this court. 274 U.S. 304, 316, 47 S.C.t. 635, 71 L. Ed. 1060. The purpose of Congress in making the provision concerning costs was to discourage harrassing resistance by a carrier to a reparation order. It was not to deny in independent litigation against third persons a customary incident of success. What the clerk did was not contrary to any provision of the Act to Regulate Commerce. ”