NEW ENGLAND DIVISIONS CASE

No. 646.

261 U.S. 184 (1923)

THE NEW ENGLAND DIVISIONS CASE.

Supreme Court of United States.

Decided February 19, 1923.


Attorney(s) appearing for the Case

Mr. Walter C. Noyes, with whom Mr. H.T. Newcomb was on the brief, for appellants.

Mr. Herbert A. Taylor, with whom Mr. George F. Brownell was on the brief, for Erie R.R. Co. and Chicago & Erie R.R. Co., appellants.

Mr. Alexander H. Elder for Central R.R. Co. of New Jersey, appellant.

Mr. Charles F. Choate, Jr., with whom Mr. James Garfield was on the brief, for Boston & Maine Railroad et al., interveners.

Mr. Blackburn Esterline, Assistant to the Solicitor General, with whom Mr. Attorney General Daugherty and Mr. Solicitor General Beck were on the brief, for the United States.

Mr. Walker D. Hines, with whom Mr. P.J. Farrell and Mr. J. Carter Fort were on the brief, for the Interstate Commerce Commission.


MR. JUSTICE BRANDEIS delivered the opinion of the Court.

Transportation Act, 1920, c. 91, § 418, 41 Stat. 456, 486, amending Interstate Commerce Act, § 15 (6), authorizes the Commission, upon complaint or upon its own initiative, to prescribe, after full hearing, the divisions of joint rates among carriers parties to the rate. In determining the divisions, the Commission is directed to give due consideration, among other things, to the importance to the...

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