Portal:Supreme Court of the United States

Summary

Portal:Supreme Court of the United States Interstate Commerce Commission v…

In the first place there was no appeal from the master's finding that:
'The carriers concede that they are unable to determine the cost of this traffic, in and of itself; and that they are unable to say, with any satisfactory accuracy, whether or not they make a profit upon it; but they have all conceded that, in their judgment, speaking as experts, the lumber traffic has not been confiscatory, and has not been performed for less than cost.' This concession, of course, does not cover the question at issue, but it does fix a starting point.
Source: Wikisource

Portal:Supreme Court of the United States Interstate Commerce Commission v…

It establishes an important fact in dealing with the difficult question of determining what is a reasonable rate on a particular article. Where the rates as a whole are under consideration, there is a possibility of deciding, with more or less certainty, whether the total earnings afford a reasonable return. But whether the carrier earned dividends or not sheds little light on the question as to whether the rate on a particular article is reasonable.
Source: Wikisource

Portal:Supreme Court of the United States Interstate Commerce Commission v…

If the old rates were too low to be just and reasonable, complainants [mill men] cannot urge their loss as a ground for maintaining them; if the old rates were just and reasonable, the defendants cannot justify the advance on the ground of the prosperity of the lumber business.'
Considering the case as a whole, we cannot say that the order was made because of the effect of the advance on the lumber industry; nor because of a mistake of law as to presumption arising from the long continuance of the low rate, when the carrier was earning dividends
Source: Wikisource

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