Chicago, Milwaukee St Paul Railway Company v. State Public Utilities Commission of Illinois

• Decision Date: 08 January 1917
• Docket Number: No. 148,148
• Citation: 61 L.Ed. 341,242 U.S. 333,37 S.Ct. 173
• Parties: CHICAGO, MILWAUKEE, & ST. PAUL RAILWAY COMPANY, Plff. in Err., v. STATE PUBLIC UTILITIES COMMISSION OF ILLINOIS
• Court: U.S. Supreme Court

242 U.S. 333

37 S.Ct. 173

61 L.Ed. 341

CHICAGO, MILWAUKEE, & ST. PAUL RAILWAY COMPANY, Plff. in Err.,

v STATE PUBLIC UTILITIES COMMISSION OF ILLINOIS.

No. 148.

Argued December 5, 1916.

Decided January 8, 1917.

Messrs. O. W. Dynes and Burton Hanson for plaintiff in error.

Messrs. M. F. Gallagher and Everett Jennings for defendant in error.

Mr. Justice McKenna delivered the opinion of the court:

Error to review a judgment of the supreme court of Illinois sustaining an order of the State Public Utilities Commission, made in a proceeding brought by Poehlmann Brothers Company against plaintiff in error, here called the railway company.

Poehlmann Brothers Company is an Illinois corporation engaged in growing and selling flowers, and has its greenhouse at Morton Grove, Cook county, Illinois, a station on the railway company's line, 3 miles northeast of Chicago. Poehlmann Brothers Company uses in its greenhouse about 30,000 tons of coal each year, 95 per cent of which is mined in Illinois, and 500 cars of manure which comes from places in and around Chicago. The coal and manure move to Morton Grove over the railway, which receives them at Galewood, a station inside of Chicago.

The distance from Galewood to Morton Grove is about 12 miles and is the haul involved in this case. There are no joint or through rates on coal to Morton Grove from points in Illinois or from points in other states, the rate from Galewood to Morton Grove being a separate rate.

The rates on cars of coal to Chicago vary according to point of origin, but in all cases the charge of the railway company from Galewood to Morton Grove is 40 cents a ton, and is published as such, for which the railway company is alone responsible.

July 18, 1913, Poehlmann Brothers Company filed a petition with the Warehouse Commission of Illinois, predecessor of defendant in error, charging that such rate of 40 cents a ton on coal and manure from Galewood to Morton Grove was unjust and unreasonable. After a hearing the Commission so found, and that 20 cents a ton on coal and 25 cents on manure were just and reasonable rates, and should be put into effect by the railway company.

The order was affirmed by the circuit court of Sangamon county and subsequently by the supreme court of the state. 268 Ill. 49, P.U.R.1915D, 133, 108 N. E. 729.

The error assigned against the order of the Commission and the judgment sustaining it is that so far as the order relates to coal, the rates on manure not being involved, it violates the commerce clause of the Constitution of the Uited States in that: (1) The order assumes to regulate a feature of commerce in which interstate and intrastate commerce are commingled, and after jurisdiction of that feature had been taken by the Interstate Commerce Commission, and regulates such feature of commerce differently from and inconsistently with the regulation of the Interstate Commerce Commission. (2) It requires the railway company to discriminate against localities outside of Illinois and give preference to those inside of the state in the charges that the company makes for the same service. (3) It violates § 3 of the Interstate Commerce Act as amended (Comp. St. 1913, § 8565) by requiring the company to give unreasonable preference and advantage to producers and shippers of coal in the state, and subject those outside of the state to unreasonable prejudice and disadvantage by obliging the company to charge a less rate for the transportation of coal in carload lots between specified points on its rails when the coal originates within the state than it is lawfully permitted to charge and does charge for the same service on interstate shipments of coal. (4) It violates § 6 of the Interstate Commerce Act as amended (section 8569) by requiring the railway company to charge a less compensation on carloads of coal between certain points named in tariffs on file with the Interstate Commerce Commission than the rates and charges specified in such tariffs. (5) It violates § 13 of the Interstate Commerce Act (section 8581) by disregarding the right of the railway company to have the Interstate Commerce Commission investigate any complaint of the Railroad Commission of any state and obtain such relief as the complaint might merit. (6) It violates § 15 of the Interstate Commerce Act (section 8583), which gives the Interstate Commerce Commission power over through rates and joint rates and transportation participated in by two or more carriers, the order under review seeking to regulate one factor of such through or joint rate without regard to the other. (7) The order is unreasonable and unlawful in that the Commission, without finding the through rate excessive or discriminatory, or having facts before it on which to make such finding, made the order to reduce solely for the benefit of Illinois shippers and producers, the transportation charges being a factor of the transportation service involved that is common to interstate and intrastate commerce, and over which factor the...