United States v. New York Central Railroad

272 U.S. 457, 47 S. Ct. 130, 71 L. Ed. 350, 1926 U.S. LEXIS 39
CourtSupreme Court of the United States
DecidedNovember 22, 1926
DocketNo. 284
StatusPublished
Cited by20 cases

This text of 272 U.S. 457 (United States v. New York Central Railroad) 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
United States v. New York Central Railroad, 272 U.S. 457, 47 S. Ct. 130, 71 L. Ed. 350, 1926 U.S. LEXIS 39 (1926).

Opinion

Mr. Justice Stone

delivered the opinion of the Court.

The State of New York, by its Superintendent of Public Works, in a complaint filed with the Interstate Commerce Commission, sought to compel the New York Central Railroad Company to provide transportation service between the public terminal of the Erie Barge Canal at Buffalo and shippers located along its tracks and along the lines of other railroads with which it can interchange traffic. The service demanded included the furnishing of rolling stock, motive power, and the placing and removal of cars on the tracks within the terminal, incident to moving traffic between the terminal and appellee’s lines. The jurisdiction of the commission was invoked under § 6, par. 13, of the Interstate Commerce Act as amended by the Panama Canal Act; August 24, 1912, c. 390, 37 Stat. 568, and §§ 412, 413, Transportation Act; February 28, 1920, c. 91, 41 Stat. 483.1

[459]*459A similar application had been. made to the Public Service Commission of New York (Second District). The order of the commission granting this relief was vacated by the state Supreme Court on the ground that the traffic [460]*460concerned was interstate in character, jurisdiction over which under the statutes already cited was in the Interstate Commerce Commission. People ex rel. New York Central R. R. v. Public Service Commission, 198 App. Div. 436; affirmed without opinion, 232 N. Y. 606.

In the proceedings before the Interstate Commerce Commission, two barge carriers, neither of which had filed rates with it or the Public Service Commission of New York, intervened and were made parties on their petitions setting forth that the interchange of traffic sought to be established by complainant was essential to their business.

After a full hearing the commission granted thé relief sought. State of New York v. New York Central R. R., 95 I. C. C. 119. The railroad company then filed a bill in equity in the District Court for northern New York to enjoin the enforcement of the commission’s order. The case was heard on the. record of the Interstate Commerce Commission proceedings by the District Court, three judges sitting, Urgent Deficiencies Act; October 22, 1913, c. 32, 38 Stat. 220; Lambert Co. v. Balt. & Ohio R. R., 258 U. S. 377; which granted the injunction. 13 Fed. (2d) 200. The case comes here by direct appeal. Urgent Deficiencies Act, supra.

The State of New York built, owns and controls the Erie Barge Canal and terminals, wharves and docks used in connection with it, including the Erie Basin terminal at Buffalo. The canal exf ends eastwardly from Buffalo by a circuitous route to the Hudson River and has several branches. The State does not own barges or rolling stock; nor does it transport merchandise or operate the canal, but it maintains this waterway with its facilities open to free public use. About 75 per cent, of the traffic •passing over it is interstate.

The Erie Basin terminal, having an area of 9.25 acres, is located on the harbor of Buffalo, adjacent to the right-of-[461]*461way of the railroad company: It. includes two concrete piers with equipment for loading and unloading freight, and five thousand feet of railway track, with sidings, switches and storage tracks. There is a physical connection by switching tracks between the terminal and appellee’s lines, which was made in 1919 under a contract between the Director General of Railroads and the State of New York. The New York Central’s main road between Buffalo and New York City parallels the barge canal and serves important points reached by it or its connections. The effect of appellee’s refusal to perform the transportation service ordered by the Commission is to preclude the interchange of traffic between rail carriers and barge canal carriers at Buffalo, and incidentally to avoid the diversion to the canal of a substantial amount of traffic now passing over the lines of the railroad company to and from industries located along its right-of-way.

In granting the injunction, the district court disregarded the intervention, of the two canal carriers on 'the ground that they were not shown to be engaged' in interstate commerce. Section 6, par. 13, of the amended Interstate Commerce Act. insofar as it confers authorityon the commission to order the operation of the connecting tracks and to determine the sum to be “ paid to or by either carrier ” was construed to require the presence of two carriers before the commission subject to its jurisdiction. It therefore held that the commission was without jurisdiction to grant the relief sought because there were not two carriers before it, and further, that the complainant, a sovereign State, as owner of the terminal but not a carrier, was beyond its regulatory powers, and presumably could not invoke its jurisdiction.

We lay to one side the question whether the intervenors within the meaning of these Acts are carriers of property which “ may be or is transported from point to point in [462]*462the United States . . . not entirely within the limits- of a single State.”' Nor need we consider to what extent, if at all, the .State of New York in the event of its failure to maintain its tracks or facilities is beyond the regulatory or coercive power of the commission as asserted below. Cf. Georgia v. Chattanooga, 264 U. S. 472; Bank of United States v. Planters’ Bank, 9 Wheat. 904, 907.

The jurisdiction of. the commission in this case was properly invoked. A state, when its interests are concerned, as well as a private individual, whether carrier or not, may file a complaint with the commission. Interstate Commerce. Act, § 13, -as amended June 18, 1910, c. '309, 36 Stat. 550. Moreover a complaint is not a prerequisite to the exercise of jurisdiction by the commission. It may of its own motion investigate and act upon any matter which may be the subject of complaint (with exceptions not now relevant), § 13, par. 2, Interstate Commerce Act, as amended; Panama Canal Act, supra, at p. 568. Hence the only question that need be considered here is the power of the commission, assuming there was but one carrier before it, to issue the order now' attacked.

The Panama Canal Act is by its terms supplemental to the Act to Regulate Commerce, and its obvious purpose was to extend to rail carriers connecting with water carriers in interstate commerce the requirements of § 1, par. 9 of the earlier acts, c. 3591, 34 Stat. 585, 586; c. 309, 36 Stat. 547, for furnishing switching and car service to lateral branch railroads and private sidetracks. By § 6, par. 13, so far as pertinent to the present inquiry, the commission is given authority to establish physical connection between , the lines of the rail carrier and the dock of the water carrier, and to determine and prescribe thev terms and conditions upon which the connecting-tracks should be operated. It may either .in the construction or the operation of such tracks determine what sums shall be paid to or by either carrier.”

[463]*463We may assume, without deciding, that the commission may not determine the amount to be paid to or by either carrier concerned without having both .before it.

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

Related

Continental Developers & Conversions, Inc. v. Department of Revenue
17 Fla. Supp. 2d 8 (Florida Circuit Courts, 1986)
State & Port Authority v. Northern Pacific Railway Co.
39 N.W.2d 752 (Supreme Court of Minnesota, 1949)
Gardella v. Chandler
172 F.2d 402 (Second Circuit, 1949)
Oklahoma Press Publishing Co. v. Walling
327 U.S. 186 (Supreme Court, 1946)
Moses v. McKesson & Robbins, Inc.
43 F. Supp. 528 (S.D. Texas, 1942)
United States v. Wrightwood Dairy Co.
315 U.S. 110 (Supreme Court, 1942)
United States v. Darby
312 U.S. 100 (Supreme Court, 1941)
Virginian Ry. Co. v. SYSTEM FEDERATION NO. 40, ETC.
84 F.2d 641 (Fourth Circuit, 1936)
United States v. Schechter
8 F. Supp. 136 (E.D. New York, 1934)
Isthmian S. S. Co. v. United States
53 F.2d 251 (S.D. New York, 1931)
United States v. Munson Steamship Line
283 U.S. 43 (Supreme Court, 1931)
Swift & Co. v. United States
276 U.S. 311 (Supreme Court, 1928)
Backus-Brooks Co. v. Northern Pac. Ry. Co.
21 F.2d 4 (Eighth Circuit, 1927)
Southern Ry. Co. v. Shealy
18 F.2d 784 (E.D. South Carolina, 1927)
United States v. NY Cent. RR
272 U.S. 457 (Supreme Court, 1926)

Cite This Page — Counsel Stack

Bluebook (online)
272 U.S. 457, 47 S. Ct. 130, 71 L. Ed. 350, 1926 U.S. LEXIS 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-new-york-central-railroad-scotus-1926.