Melville Fuller

“ At the date of the passage of these acts the rapid growth of the country, and the steady increase of its litigation, had so congested the docket of this court that years frequently elapsed before appeals and writs of error could be heard. When, then, the interstate commerce commission was created, and provision made for the enforcement of its orders by the circuit courts, while appeals were allowed from the decrees of those courts to this court, it was the legislative will that such appeals should not suspend the operation of the decrees appealed from. ”

“ Behlmer appealed to the circuit court of appeals for the Fourth Circuit, and that court reversed the decree of the circuit court, and directed that the order of the interstate commerce commission be enforced. ”

“ An appeal was then allowed and perfected to this court, which operated as a supersedeas, and Behlmer now moves the court to declare the appeal not to have that effect, or to vacate the supersedeas resulting from the allowance of the appeal and the approval of the bond tendered. ”