State of New York v. United States 346
| Decision Date | 26 November 1951 |
| Citation | 96 L.Ed. 662,72 S.Ct. 152,342 U.S. 882 |
| Parties | STATE OF NEW YORK and Public Service Commission of the State of New York, Appellants, v. UNITED STATES of America, Interstate Commerce Commission and the New York, New Haven and Hartford Railroad Company. No 346 |
| Court | U.S. Supreme Court |
Messrs. Nathaniel L. Goldstein, Attorney General of New York, Lawrence E. Walsh and George H. Kenny, for appellants.
Solicitor General Perlman, and Mr. J. Stanley Payne, for appellees.
The motion to affirm is granted and the judgment is affirmed.
Mr. Justice DOUGLAS, dissenting. DP The Interstate Commerce Commission has ordered intrastate commuters' fares of the New Haven and Hartford Railroad Company increased in New York to the level of interstate commuters' fares. The Commission found that the transportation conditions surrounding intrastate trains were substantially similar to those surrounding interstate trains. Interstate fares were determined to be reasonable. But present intrastate fares were found not to be producing a reasonable return on investment. The Commission concluded that persons and localities in interstate commerce, and interstate commerce, were being unduly discriminated against. Pursuant to s 13(4) of the Interstate Commerce Act, 49 U.S.C. s 13(4), 49 U.S.C.A. s 13(4), it ordered intrastate fares raised to the level of interstate fares to remove the discrimination. A three-judge district court affirmed the order of the Commission as to the finding of discrimination against interstate commerce, but did not pass on the finding of discrimination against persons and localities in interstate commerce. 98 F.Supp. 855.
We have long insisted that the Interstate Commerce Commission supply us with an adequate basis for its decision. United States v. Chicago, M., St. P. & P.R. Co., 294 U.S. 499, 504—505, 510—511, 55 S.Ct. 462, 464—465, 467, 79 L.Ed. 1023; United States v. Carolina Freight Carriers Corp., 315 U.S. 475, 488—489, 62 S.Ct. 722, 729, 86 L.Ed. 971. When, as here, Commission action constitutes an intrusion on state power, there is a duty on that body clearly to justify its action. State of Florida v. United States, 282 U.S. 194, 211—212, 51 S.Ct. 119, 123—124, 75 L.Ed. 291; City of Yonkers v. United States, 320 U.S. 685, 690, 64 S.Ct. 327, 330, 88 L.Ed. 400.
Mr. Justice BLACK dissents to the action of the Court disposing of the case without oral argument.
To justify its conclusion of discrimination against interstate commerce, the Commission must show that intrastate commutation service is not producing its fair share of the New Haven's revenues. Wisconsin Railroad Commission v. Chicago, B. & Q.R. Co., 257 U.S. 563, 585—586, 42 S.Ct. 232, 236, 66...
To continue reading
Request your trial
-
Arthur D. Little, Inc. v. Commissioner of Health and Hospitals of Cambridge
...Inc. v. State Farm Mut. Auto. Ins. Co., supra, 463 U.S. at 48, 103 S.Ct. at 2869, quoting New York v. United States, 342 U.S. 882, 884, 72 S.Ct. 152, 153, 96 L.Ed. 663 (1951) (Douglas, J., dissenting). It does no violence to the principles of deference to conclude that the commissioner lack......
-
International Ladies' Garment Workers' Union v. Donovan
...on its discretion.' " Motor Vehicle Manufacturers Association, 103 S.Ct. at 2869 (quoting New York v. United States, 342 U.S. 882, 884, 72 S.Ct. 152, 153, 96 L.Ed. 662 (1951) (Douglas, J., dissenting)). 57 While we respect an agency's superior position to make judgments involving elements o......
-
Northern Natural Gas Co. v. Dwyer
...of modern government, can become a monster which rules with no practical limits on its discretion.' New York v. United States, 342 U.S. 882, 884, 72 S.Ct. 152, 96 L.Ed. 662, 663. . . . The Commission must exercise its discretion under § 207(a) within the bounds expressed by the standard of ......
-
Arkansas-Best Freight System, Inc. v. United States
...government, can become a monster which rules with no practical limits on its discretion.' New York v. United States, 342 U.S. 882, 884, 72 S.Ct. 152, 153, 96 L.Ed. 662 (dissenting opinion). `Congress did not purport to transfer its legislative power to the unbounded discretion of the regula......
-
Strategic Immunity
...(footnotes omitted)).147. Burlington Truck Lines, Inc. v. United States, 371 U.S. 156, 167 (1962) (quoting New York v. United States, 342 U.S. 882, 884 (1951) (Douglas, J., dissenting)).148. New York, 342 U.S. at 884 (Douglas, J., dissenting). 149. See Shaw, supra note 2, at 668 ("Rule by a......
-
Excess Confidentiality: Must Bar Examiners Defy Administrative Law and Judicial Transparency?
...judicial imprimatur.192 186. Burlington Truck Lines, Inc. v. United States, 371 U.S. 156, 167 (1962) (quoting New York v. United States, 342 U. S. 882, 884 (dissenting opinion)). 187. In re Amend.’s to R. of the Sup. Ct. Relating to Admissions to the Bar, 52 So. 3d 652 (Dec. 16, 2010). 188.......