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United States v. Illinois Central Railroad Co., 291 U.S. 457 (1934)

United States v. Illinois Central Railroad Co.

No. 422

Argued February 8, 9, 1934

Decided March 5, 1934

291 U.S. 457


1. The provision of § 3(e) of the Inland Waterways Corporation Act, as amended, empowering the Interstate Commerce Commission, upon granting a certificate of public convenience and necessity to a prospective water carrier, to order all connecting common carriers to join with such water carrier in through routes and joint rates, and in such order to fix minimum differentials between all-rail rates and joint rates in connection with the water service, does not deprive a rail carrier affected of due process, since the rates so prescribed are tentative, and the railway, upon complaint, may have a full hearing concerning them and a plenary determination by the Commission before they go into effect. P. 291 U. S. 460.

2. A suit to enjoin enforcement of the Commission's order before the administrative process has been completed is premature. P. 291 U. S. 463.

3. A carrier which has not first availed itself of the remedy before the Commission is not in a position to seek equitable relief against rates fixed by the Commission's order. P. 291 U. S. 463.

4. The provision of the statute which puts the burden of proof upon carriers complaining of the rates fixed by the Commission's ex parte order is not inconsistent with the due process clause of the Fifth Amendment. P. 291 U. S. 464.

3 F.Supp. 100 reversed.

Appeal from a decree of the District Court, of three judges, setting aside an order of the Interstate Commerce Commission, in a suit brought by several railroad carriers against the United States and the Commission.

Page 291 U. S. 458

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