Atchison, T. & S. F. Ry. Co. v. Arizona Grocery Co.
Opinion
Lead Opinion
Wilbur, J.
This is an appeal from the judgment of the District Court enforcing a feparation order of the Interstate Commerce Commission. The reparation order was made in a proceeding before the Interstate Commerce Commission entitled Traffic Bureau of Phoenix Chamber of Commerce et al. y. Atchison, Topeka & Santa Fé Railway Company, No. 16742. The record of the decision is found in the reports of the Interstate Commerce Commission (140 I. C. C. 171.) The Interstate Commerce Commission in this proceeding declared the existing rate charged by the railway company to b.e unreasonable and unjust, fixed a future rate which it declared to be reasonable and just upon shipments of sugar in carload lots of 73 cents per 100 pounds from all points in Northern California, and 71 cents per 100 from points in Southern California, to Phcenix, Ariz. It declared the existing rates charged by the carriers to be unreasonable and unjust and awarded .reparations in the amount subsequently incorporated in the judgment of the District Court, from which the railroad companies, hereinafter designated as appellants, take this appeal. No attack is made on this appeal as to the reasonableness of freight rates fixed in…