U.S. v. N.Y. CENTRAL R.R.

No. 469.

263 U.S. 603 (1924)

UNITED STATES, INTERSTATE COMMERCE COMMISSION, NATIONAL COUNCIL OF TRAVELING SALESMEN'S ASSOCIATIONS, ET AL. v. NEW YORK CENTRAL RAILROAD COMPANY ET AL.

Supreme Court of United States.

Decided January 21, 1924.


Attorney(s) appearing for the Case

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

Mr. P.J. Farrell for the Interstate Commerce Commission.

Mr. Chas. F. Choate, Jr., with whom Mr. Francis I. Gowen, Mr. Clyde Brown, Mr. Edward G. Buckland, Mr. H.A. Taylor, Mr. Henry Wolf Bikle, Mr. Parker McCollester, Mr. Frederick H. Nash and Mr. James Garfield were on the brief, for appellees.

Mr. Hoke Smith, with whom Mr. Samuel Blumberg, Mr. Arthur M. Loeb, Mr. Jerome Wilzin and Mr. Charles Fischer were on the brief, for National Council of Traveling Salesmen's Associations, appellant.

Mr. Leon B. Lamfrom, by leave of Court, filed a brief as amicus curiae.

Mr. Clifford Thorne and Mr. James W. Good, by leave of Court, filed a brief as amici curiae.


MR. JUSTICE HOLMES delivered the opinion of the Court.

This is a bill in equity brought by railroad companies to prevent the enforcement of an order of the Interstate Commerce Commission dated March 6, 1923, following reports of January 26 and March 6, 1923. 77 I.C.C. 200. Ibid. 647. The order purports to be made in pursuance of the Act of August 18, 1922, c. 280; 42 Stat. 827. This act amended § 22 of the Interstate...

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