St Louis Ry Co v. Hasty Sons, 178

Decision Date28 February 1921
Docket NumberNo. 178,178
Citation41 S.Ct. 269,255 U.S. 252,65 L.Ed. 614
PartiesST. LOUIS, I. M. & S. RY. CO. et al. v. J. F. HASTY & SONS et al
CourtU.S. Supreme Court

Messrs. George A. McConnell and John M. Moore, both of Little Rock, Ark., for appellants.

Messrs. W. E. Hemingway, G. B. Rose, D. H. Cantrell and J. F. Loughborough, all of Little Rock, Ark., for appellees.

Mr. Justice PITNEY delivered the opinion of the Court.

This case is a sequel of Allen v. St. Louis, Iron Mt. & Southern Ry., 230 U. S. 553, 33 Sup. Ct. 1030, 57 L. Ed. 1625, and Arkadelphia Co. v St. Louis S. W. Ry. Co., 249 U. S. 134, 39 Sup. Ct. 237, 63 L. Ed. 517. See, also, St. Louis, Iron Mtn. & Southern Ry. Co. v. McKnight, 244 U. S. 368, 37 Sup. Ct. 611, 61 L. Ed. 1200. The Arkansas Railroad Commission having in June, 1908, adopted Standard Distance Tariff No. 3, establishing maximum intrastate freight rates, the present appellant railway company attacked its validity in a suit brought against the commission in the United States Circuit Court for the Eastern District of Arkansas, contending that the rates were noncompensatory and therefore violative of the 'due process of law' clause of the Fourteenth Amendment. A temporary injunction was issued and continued in force until May 11, 1911, when the Circuit Court entered a final decree making the injunction permanent, and discharging the surety from further liability on the injunction bond. On appeal to this court the decree was reversed June 16, 1913, with directions to dismiss the bill without prejudice, and for further proceedings in conformity with the opinion and decree of this court. 230 U. S. 553, 33 Sup. Ct. 1030, 57 L. Ed. 1625. Upon the going down of the mandate the United States District Court (successor of the Circuit Court) entered a decree in obedience thereto, at the same time making a reference to a special master for the purpose of ascertaining the claims of intervening shippers for refund of the difference paid by them in freight rates between those prescribed by the commission and the higher ones maintained by the railway company during the pendency of the injunction. Under this reference the present appellees J. F. Hasty & Sons presented a claim based upon the difference between rates charged on rough material transported from forest to milling points and the rates provided in the commission tariff on such movements. That tariff contained maximum rates on such lumber applicable generally, and in addition provided for a 'milling-in-transit privilege,' by fixing certain 'rough material rates' lower than the others, conditioned upon a specified percentage of the manufactured produce being shipped out on the same line that brought in the rough material. The railway company excepted to the claim on two grounds: (a) That the rough material rates were descriminatory; and (b) that they were not applicable to the shipments of Hasty & Sons because these constituted interstate commerce and hence were not subject to the commissioner's rates. The District Court sustained both exceptions. The resulting decree so far as adverse to Hasty & Sons was reversed by this court (249 U. S. 134, 147-152, 39 Sup. Ct. 237, 63 L. Ed. 517), and the cause remanded for further proceedings in conformity with our opinion. Upon the going down of this mandate there were further hearings before the referee and the District Court upon the claim of Hasty & Sons and claims of the same type presented by three other intervening shippers; and from the resulting decree in their favor the present appeal is taken. Although the only question immediately involved is the proper construction of the Standard Distance Tariff, we have jurisdiction, as we had in the Arkadelphia Case, supra, because the decree is but supplementary to the main cause—bringing to effective conclusion, if not vitiated by error, the controversy that arose out of the railway company's attack upon the rates on constitutional grounds—and hence must be regarded as involving the construction and application of the Constitution of the United States, within the meaning of section 238, Judicial Code (Comp. St. § 1215). See 249 U. S. 140-142, 39 Sup. Ct. 237, 63 L. Ed. 517.

The...

To continue reading

Request your trial
10 cases
  • W.L. Shepherd Lumber Co. v. Atlantic Coast Line R. Co.
    • United States
    • Alabama Supreme Court
    • March 24, 1927
    ... ... Co., 243 U.S. 281, 37 S.Ct. 287, 61 ... L.Ed. 722; St. Louis, I.M. & S.R. Co. v. J.F. Hasty & ... Sons, 255 U.S. 252, 256, 41 S.Ct ... ...
  • United States v. Californiacanneries, CO-OPERATIVE
    • United States
    • U.S. Supreme Court
    • May 20, 1929
    ...St. Louis Southwestern Ry. Co., 249 U. S. 134, 140-142, 39 S. Ct. 237, 63 L. Ed. 517; St. Louis, Iron Mountain & Southern Ry. Co. v. J. F. Hasty & Sons, 255 U. S. 252, 254, 41 S. Ct. 269, 65 L. Ed. 614. Compare St. Louis, Iron Mountain & Southern Ry. Co. v. McKnight, 244 U. S. 368, 37 S. Ct......
  • Great Northern Ry Co v. Merchants Elevator Co
    • United States
    • U.S. Supreme Court
    • May 29, 1922
    ...also Swift & Co. v. Hocking Valley Ry. Co., 243 U. S. 281, 37 Sup. Ct. 287, 61 L. Ed. 722; St. Louis, Iron Mountain & Southern Ry. Co. v. Hasty, 255 U. S. 252, 256, 41 Sup. Ct. 269, 65 L. Ed. 614. (2) Hite v. Central R. R. of N. J., 171 Fed. 370, 372, 96 C. C. A. 326; Gimbel Bros., Inc., v.......
  • Armour & Co. v. Alton R. Co.
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • May 21, 1940
    ...76 L.Ed. 1184; Atchison, T. & S. F. R. Co. v. U. S., 295 U.S. 193, 55 S.Ct. 748, 79 L.Ed. 1382; St. Louis I. M. & S. R. Co. v. J. F. Hasty & Sons, 255 U.S. 252, 41 S. Ct. 269, 65 L.Ed. 614; Interstate Commerce Commission v. Atchison, T. & S. F. R. Co., 234 U.S. 294, 34 S.Ct. 814, 58 L.Ed. 1......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT