Public Serv. Comm'n of Utah v. United States

356 U.S. 421, 78 S. Ct. 796, 2 L. Ed. 2d 886, 1958 U.S. LEXIS 1784
CourtSupreme Court of the United States
DecidedMay 19, 1958
Docket15
StatusPublished
Cited by40 cases

This text of 356 U.S. 421 (Public Serv. Comm'n of Utah v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Public Serv. Comm'n of Utah v. United States, 356 U.S. 421, 78 S. Ct. 796, 2 L. Ed. 2d 886, 1958 U.S. LEXIS 1784 (1958).

Opinions

Mr. Justice Clark

delivered the opinion of the Court.

This appeal presents another clash between state and federal authority in the regulation of intrastate commerce. The Public Service Commission of Utah and the Utah Citizens Rate Association, appellants, seek to set aside an order of the Interstate Commerce Commission entered in a proceeding under § 13 (3) and (4) of the Interstate Commerce Act1 in which an increase in intra[423]*423state freight rates to the general level of interstate rates was granted to railroads operating in Utah. 297 I. C. C. 87. The principal contention here is that the evidence before the Commission was insufficient to support its ultimate finding that existing intrastate rates caused “undue, unreasonable, and unjust discrimination against interstate commerce.” 297 I. C. C., at 105. A three-judge District Court found against appellants on this and all subsidiary issues. 146 F. Supp. 803. Upon direct appeal, 28 U. S. C. § 1253, we noted probable jurisdiction. 352 U. S. 888 (1956). Having concluded that certain findings of the Commission lack sufficient support in the evidence, we reverse the judgment of the District Court.

The action of the Commission was limited to freight rates on intrastate traffic in Utah. In Ex Parte No. 175 [424]*424the Commission had increased interstate freight rates on a national basis by an aggregate of 15%.2 The appellee railroads applied to the Public Service Commission of Utah for a like increase in intrastate rates. After a full hearing, the Utah Commission dismissed the application on the ground that the railroads had not produced evidence concerning their intrastate operations as required by Utah law. No appeal was taken. Instead, pursuant to 49 U. S. C. § 13 (3) and (4), the railroads filed a petition with the Interstate Commerce Commission which led to the order under attack here. The Commission found the evidence insufficient to establish any undue or unreasonable advantage, preference, or prejudice as between persons or localities in intrastate commerce, on the one hand, and interstate commerce on the other. But in findings patterned after those approved in King v. United States, 344 U. S. 254 (1952), it concluded that the intrastate rates caused “undue, unreasonable, and unjust discrimination against interstate commerce.” 297 I. C. C., at 105. It sought to remove this burden by generally applying to intrastate traffic the 15% interstate increase previously granted in Ex Parte No. 175.3

Appellants attack two findings of the Commission as not being supported by substantial evidence. The first is that existing intrastate rates were abnormally low and failed to contribute their fair share of the revenue needs of the railroads. Evidence was introduced to show that some of Utah's intrastate rates were lower than corresponding interstate rates for like distances. No showing was made, however, of the comparative costs of perform[425]*425ing such services. The second finding under attack is that the conditions incident to intrastate transportation were not more favorable than those incident to interstate movements. The evidence underlying this finding indicated only that goods moving intrastate were handled precisely as were those in interstate transportation, being intermingled on the same trains.

Intrastate transportation is primarily the concern of the State. Federal power exists in this area only when intrastate tariffs are so low that an undue or unreasonable advantage, preference, or prejudice is created as between persons or localities in intrastate commerce on the one hand and interstate commerce on the other, or when those rates cast an undue burden on interstate commerce.4 Proof of such must meet “a high standard of certainty,” Illinois Central R. Co. v. Public Utilities Comm’n, 245 U. S. 493, 510 (1918); before a state rate can be nullified, the justification for the exercise of federal power must “clearly appear.” Florida v. United States, 282 U. S. 194, 211-212 (1931). The Court pointed out in North Carolina v. United States, 325 U. S. 507, 511 (1945), that the findings supporting such an order of the Interstate Commerce Commission must encompass each of the elements essential to federal power. Thereafter, in King v. United States, supra, we stressed the necessity of substantial evidence to support the findings, although we held it unnecessary “to establish for each item in each freight rate a fully developed rate case.” 344 U. S., at 275. In King, however, the insufficiency of the findings rather than of the evidence was urged upon the Court. Those findings, which we held adequate to support an order increasing intrastate rates, were, inter alia, (1) that existing intrastate rates were abnormally low and did not contribute a fair share of the railroads’ revenue needs; (2) that condi[426]*426tions as to the movement of intrastate traffic were not more favorable than those existing in interstate commerce; (3) that the rates cast an undue burden on interstate commerce; (4) that the increase ordered by the Commission would yield substantial revenues; and (5) that such increase would not result in intrastate rates being unreasonable and would remove the existing discrimination against interstate commerce. 344 U. S., at 267-268, footnote 13. We also held in King that the Commission might give weight to deficits in passenger revenue when prescribing intrastate freight rates so as to meet over-all revenue needs. In our most recent review of federal power in this intrastate area, Chicago, M., St. P. & P. R. Co. v. Illinois, 355 U. S. 300 (1958), we relied on the principles of the above cases in striking down an increase in intrastate passenger fares for a suburban commuter service because the Commission had failed to take into account “the carrier’s other intrastate revenues from Illinois traffic, freight and passenger.” 355 U. S., at 308.

We do not believe that the evidence here met the exacting standards required by our prior cases. As to the finding that prevailing intrastate rates were abnormally low and failed to contribute a fair share of over-all revenue, we discover no positive evidence to indicate that the relative cost of intrastate traffic was as great as that of interstate shipments. The absence of such evidence is important, for it is not enough to say that interstate rates were higher on similar shipments for like distances, Florida v. United States, supra, at 212, especially where, as here, there was some indication that intrastate traffic moved at lower cost than interstate.

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Bluebook (online)
356 U.S. 421, 78 S. Ct. 796, 2 L. Ed. 2d 886, 1958 U.S. LEXIS 1784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-serv-commn-of-utah-v-united-states-scotus-1958.