PIEDMONT & NORTHERN RY. CO. ET AL.
v.
UNITED STATES ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued January 22, 1930.
Decided February 24, 1930.
Attorney(s) appearing for the Case
Messrs. Charles E. Hughes, Cameron Morrison, H.J. Haynsworth, and W.S. O'B. Robinson, Jr., on behalf of the Piedmont & Northern Railway Co., and Mr. John E. Benton, on behalf of the National Association of Railroad and Utilities Commissioners, submitted a jurisdictional statement for the appellants.
Mr. W.S. O'B. Robinson, Jr., with whom Messrs. Cameron Morrison and H.J. Haynsworth were on the brief, argued the case for the Piedmont & Northern Railway Co.
Mr. John E. Benton, with whom Mr. Clyde S. Bailey was on the brief, argued the case for the National Association of Railroad and Utilities Commissioners.
Attorney General Mitchell, Assistant to the Attorney General O'Brian, and Messrs. Claude R. Branch and Charles H. Weston, Special Assistants to the Attorney General, for the United States, submitted on the brief of the Interstate Commerce Commission.
Mr. Daniel W. Knowlton for the Interstate Commerce Commission.
Mr. Sidney S. Alderman, with whom Messrs. L.E. Jeffries, S.R. Prince, James F. Wright, Carl H. Davis, F.B. Grier, Edward S. Jouett, Wm. C. Burger and James L. McLaughlin were on the brief, for the Southern Railway Company and other interveners, appellees.
Supreme Court of United States.
MR. JUSTICE BRANDEIS delivered the opinion of the Court.
Paragraph 18 of § 1 of the Interstate Commerce Act, as amended by Transportation Act, 1920, February 28, c. 91, § 402, 41 Stat. 456, 477-8, prohibits any carrier by railroad subject to that Act from undertaking any extension of its lines or construction of new lines, without first obtaining from the Interstate Commerce Commission a certificate of public necessity...
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