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INTERSTATE COMM. COMM. v. CHICAGO G.W. RY.

No. 73.

209 U.S. 108 (1908)

INTERSTATE COMMERCE COMMISSION v. CHICAGO GREAT WESTERN RAILWAY COMPANY.

Supreme Court of United States.

Decided March 23, 1908.

Attorney(s) appearing for the Case

Mr. L.A. Shaver and Mr. S.H. Cowan for appellant.

Mr. Cordenio A. Severance, with whom Mr. Frank B. Kellogg and Mr. Robert E. Olds were on the brief, for appellee, Chicago Great Western Railway Company.

Mr. Ed. Baxter for appellees as of record. Mr. Charles A. Clark for intervenor, T.M. Sinclair & Company, Limited. Mr. Frank T. Ransom for intervenor, Union Stock Yards Company of Omaha, Limited. Mr. Stephen S. Brown and Mr. John E. Dolman filed a brief on behalf of intervenor, St. Joseph Stock Yards Company of St. Joseph, Missouri. Mr. S.A. Lynde filed a brief on behalf of appellee, The Chicago & Northwestern Railway Company.

MR. JUSTICE BREWER, after making the foregoing statement, delivered the opinion of the court.

It is unnecessary to define the full scope and meaning of the prohibition found in § 3 of the Interstate Commerce Act — or even to determine whether the language is sufficiently definite to make the duties cast on the Interstate Commerce Commission ministerial, and therefore such as may legally be imposed

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