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Texas & Pacific Ry. Co. v. American Tie & Timber Co., 234 U.S. 138 (1914)

Texas & Pacific Railway Company v.

American Tie & Timber Company

No. 180

Argued January 20, 21, 1914

Decided June 8, 1914

234 U.S. 138


Whether a class tariff includes a particular commodity is a controversy primarily to be determined by the Interstate Commerce Commission in the exercise of its power concerning tariffs and the authority to regulate conferred upon it by the Act to Regulate Commerce.

The courts may not, as an original question, exert authority over subjects which primarily come within the jurisdiction of the Interstate Commerce Commission.

Whether cross-ties are or are not lumber, and therefore within the tariffs filed for the latter, is a question on which there is great diversity of opinion even among experts upon the subject, and one that should be determined in the first instance by the Interstate Commerce Commission.

190 F. 1022, reversed.

The facts, which involve the jurisdiction of the federal courts of cases to recover damages against a railway company for refusing to accept interstate shipments without action first taken thereon by the Interstate Commerce Commission, are stated in the opinion.

Page 234 U. S. 140

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