Tom C. Clark

“ The two powers are of an entirely different character. The suspension power granted the Commission under § 15 (7) is primary and is exercised in its discretion while the validity of a proposed rate is under consideration, but it is limited under present law to a period of seven months. No criteria or guidelines are laid down for the Commission, the only prerequisite being the filing of 'a statement in writing of its reasons for such suspension.' Hence the Commission has a broad, general discretion to suspend proposed rates for a limited period pending investigation. ”

“ As the District Court found, there was 'grave danger that irreparable injury, loss or damage may be inflicted * * * if the proposed rates go into effect' and that petitioners 'will have no adequate remedy at law.' On its face the rate reduction is but a continuation of the old policy found by Chairman Eastman to paralyze barge operations-activity to which the Court now gives its blessing-by a drastic reduction in the present all-rail rate on multiple-car grain shipments while maintaining the higher rate on the exbarge traffic. ”

“ Indeed, this power should be exercised only in the most exigent circumstances, such as in the present case, where the Commission has found a strong likelihood of irreparable injury resulting from effectuation of proposed rates, has in fact exercised the full measure of its suspension power and now finds itself powerless to prevent those rates from going into effect. ”

“ Section 22 (1) of the Act, 24 Stat. 387, 49 U.S.C. § 22 (1) , provides that no provision of the Act shall 'in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies.' The 'remedies now existing at common law' include such equitable remedies as injunctions. ”