Ann Arbor R. Co. v. United States

The Interstate Commerce Commission reduced the rate on transcontinental shipments of deciduous fruits from California to certain Eastern points from $1.73 to $1.60, and to certain other Eastern points from $1.62 to $1.50 per 100 pounds. The present suit was instituted by the large number of railroads affected by the reduction, to set aside the order of the Commission and to suspend its operation during the pendency of the suit. The application for. a temporary injunction is based largely on the testimony taken before the Commission and on the report made by the Commission. We have given careful consideration to the record and to the exhaustive arguments submitted on the application for the temporary injunction, and will content ourselves at this time with a mere statement of our conclusions:

First. The contention that the reduced rate will compel the carriers to transport this class of freight at a loss, or without substantial reward, is without support in the record.

Second. The contention that the carriers are entitled to receive what would be deemed a fair return on this class of freight, independently of their other business, and independently of any other consideration, is…