DAYTON-GOOSE CREEK RAILWAY COMPANY
v.
UNITED STATES, INTERSTATE COMMERCE COMMISSION, ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued November 16, 19, 1923.
Decided January 7, 1924.
Attorney(s) appearing for the Case
Mr. Frank Andrews and Mr. Robert J. Cary, with whom Mr. Robert H. Kelley and Mr. F.C. Nicodemus, Jr., were on the briefs, for appellant.
Mr. P.J. Farrell for the Interstate Commerce Commission.
Mr. Solicitor General Beck, with whom Mr. Blackburn Esterline, Assistant to the Solicitor General, was on the brief, for the United States.
Mr. Samuel W. Moore, by leave of Court, filed a brief for the Kansas City Southern Railway Company, as amicus curiae.
Messrs. Joseph Paxton Blair, Edgar H. Boles, John F. Bowie, Robert J. Cary, Henry W. Clark, Herbert Fitzpatrick, Lawrence Greer, W.S. Horton, William S. Jenney, E.W. Knight, Richard V. Lindabury, Will H. Lyford, Samuel W. Moore, William Church Osborn, Winslow S. Pierce, Henry V. Poor, John H. Agate and Carl A. de Gersdorff, by leave of Court, filed a brief for the numerous railroad companies named in the footnote, post, 475, as amici curiae.
Mr. Winslow S. Pierce, Mr. Lawrence Greer and Mr. F.C. Nicodemus, Jr., by leave of Court, filed a brief for the Wabash Railway Company, the Western Maryland Railway Company, and the St. Louis Southwestern Railway Company, as amici curiae.
Mr. John G. Milburn and Mr. Forney Johnston, by leave of Court, filed a brief for the National Association of Owners of Railroad Securities, as amici curiae.
Supreme Court of United States.
MR. CHIEF JUSTICE TAFT delivered the opinion of the Court.
The main question in this case is whether the so-called "recapture" paragraphs of the Transportation Act of 1920, c. 91, § 422, § 15a, paragraphs 5-17, 41 Stat. 456, 489-491, are constitutional.
The Dayton-Goose Creek Railway Company is a corporation of Texas, engaged in intrastate, interstate and foreign commerce. Its volume of intrastate traffic...
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