Interstate Commerce Commission v. Mechling

330 U.S. 567, 67 S. Ct. 894, 91 L. Ed. 1102, 1947 U.S. LEXIS 2871
Supreme Court of the United States·Decided March 31, 1947·No. 72·Published·Cited by 84 cases

Opinions

[570] Mr. Justice Black

delivered the opinion of the Court.

A District Court of three judges enjoined in part an order of the Interstate Commerce Commission, and the case is here on appeal under 28 U. S. C. §§ 47, 47a, and 345. The Commission order specifically relates to the railroad rate for grain transported from Chicago, Illinois, to New York and other eastern points,1 after that grain has been transported to Chicago from the west by connecting rail or water carriers on through bills of lading. In such through shipments the through rate is a combination of distinctly separate rates charged respectively for shipments from the west to Chicago and from Chicago to the east. The charge fixed for the last leg of the shipment is called, in railroad parlance, a “reshipping” or “proportional” rate. It is lower from Chicago to the east than a “local” rate charged for a shipment from Chicago to the east which originates in Chicago. See Atchison, T. & S. F. R. Co. v. United States, 279 U. S. 768, 771.

For many years eastern railroads have carried grain east from Chicago at reshipping rates 8% cents per hundred pounds lower than local rates. Up to 1939 this Chicago-to-the-east reshipping rate had been identical for grain, whether brought to Chicago by a connecting railroad, connecting lake steamer, or connecting barge. Although barge lines were much slower than railroads, they were less expensive to operate and therefore could afford to transport freight much more cheaply than railroads. The result was that the barge-rail rate from a point in the west to eastern destinations was considerably cheaper [571] than the all-rail rate from that point—the difference being measured by the relative cheapness of shipping over the barge leg of the through route. Because of the cheaper barge rates, much of the railroads’ grain freight business from localities which could be served by either barge or rail shifted to the barges2 after 1933 when barge service from western grain localities to Chicago was resumed.3 This was the barge versus rail competitive situation which existed when in 1939 the eastern railroads filed schedules with the Commission which imposed on ex-barge grain the local rate from Chicago east, but allowed ex-rail and ex-lake grain the benefit of the 8% cent lower “reshipping” rates on the eastern haul. The result of this rate schedule would have been that, although barge lines could still have carried grain from the west to Chicago much more cheaply than the railroads could, by the time the grain had been reshipped to New York or other eastern points, the barge-rail carriage would have been more expensive to the shipper than all-rail carriage. This would have put the barge lines at a competitive disadvantage with railroads in barge-served localities. At the Commission hearing to test the validity of the higher ex-barge grain rates, a railroad representative candidly stated that the purpose of the proposal was to “drive this business off the water and back onto the rails where it belongs.” 248 I. C. C. 307, 321. This purpose would most probably have been accomplished had the high ex-barge reshipping rates gone into effect.

The Commission, after a hearing, made an order which left the railroad-proposed higher rates in effect, but stated that “in a proper proceeding we might prescribe proportional rates on the ex-barge traffic lower than local rates [572] or joint barge-rail rates lower than the combinations.” 248 I. C. C. 307, 311. A District Court set aside the Commission’s order on the ground that fixing higher rates for ex-barge grain than for ex-rail and ex-lake grain “discriminates against water competition by the users of barges.” Cargill, Inc. v. United States, 44 F. Supp. 368, 375. On appeal this Court reversed, saying that its decision carried “no implication of approval of any rates here involved.” Interstate Commerce Commission v. Inland Waterways Corp., 319 U. S. 671, 691. It reserved for future consideration in a proceeding before the Commission the amount, if any, which the eastern railroads could increase “reshipping” rates for ex-barge over those for ex-lake and ex-rail grain. Id. at 687-688, 691.

The Commission has now considered and decided that question in a proper proceeding. 262 I. C. C. 7. It found the originally proposed 8% cent higher rates for ex-barge grain to be unlawful and required the eastern roads to cancel the schedules fixing those increased reshipping rates. This part of the Commission’s order has not been challenged. But it also concluded that ex-barge grain rates east from Chicago would be reasonable and lawful even though they were 3 cents per hundred pounds higher than rates for ex-rail and ex-lake grain. Consequently, the Commission provided that its order cancelling the scheduled reshipping rate increase was “without prejudice to the filing of new schedules in conformity with the findings herein.” Thus, the effect of the whole order was to permit, if not require, the railroads to charge higher reshipment rates for ex-barge than for ex-lake and ex-rail grain. Under these rates, barge-rail grain shipments would be a trifle less expensive than all-rail transportation between the same points.4 But the through barge-rail transpor[573] tation would cost more than it would have if the through rates had accurately reflected the cheaper in-bound barge rates. The Commission considered these higher rates for ex-barge grain, which resulted in higher through rates, justified so long as there remained to ex-barge grain “a fair opportunity to move in competition with lake-rail and all-rail traffic.”

Free access — add to your briefcase to read the full text and ask questions with AI

Interstate Commerce Commission v. Mechling, 330 U.S. 567, 67 S. Ct. 894, 91 L. Ed. 1102, 1947 U.S. LEXIS 2871 (1947).

330 U.S. 567 (Interstate Commerce Commission v. Mechling) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

United States v. United States Steel Corporation
645 F.2d 1285 (Eighth Circuit, 1981)
New York v. United States
568 F.2d 887 (Second Circuit, 1977)
LAKE CARRIERS'ASSOCIATION v. United States
399 F. Supp. 386 (N.D. Ohio, 1975)
National Gypsum Co.(Huron Cement Div.) v. United States
353 F. Supp. 941 (W.D. New York, 1973)
Pittsburgh & New England Trucking Co. v. United States
345 F. Supp. 743 (W.D. Pennsylvania, 1972)
Students Challenging Regulatory Agency Procedures v. United States
346 F. Supp. 189 (District of Columbia, 1972)
Atchison, Topeka & Santa Fe Railway v. United States
334 F. Supp. 651 (D. Minnesota, 1971)
WESTON v. Reading Co.
282 A.2d 714 (Supreme Court of Pennsylvania, 1971)
Jefferson City v. United States
318 F. Supp. 751 (W.D. Missouri, 1970)
Moss v. Civil Aeronautics Board
430 F.2d 891 (D.C. Circuit, 1970)
Atchison, Topeka & Santa Fe Railway Co. v. United States
300 F. Supp. 1351 (N.D. Illinois, 1969)