United States v. Missouri Pac Co

• Decision Date: 02 January 1929
• Docket Number: No. 19,19
• Citation: 73 L.Ed. 322,278 U.S. 269,49 S.Ct. 133
• Parties: UNITED STATES et al. v. MISSOURI PAC. R. CO. Re
• Court: U.S. Supreme Court

278 U.S. 269

49 S.Ct. 133

73 L.Ed. 322

UNITED STATES et al.

v MISSOURI PAC. R. CO.

No. 19.

Reargued Nov. 19 and 20, 1928.

Decided Jan. 2, 1929.

[Argument of Counsel from pages 269-271 intentionally omitted] The Attorney General, and Messrs. Daniel W. Knowlton and P. J. Farrell, both of Washington, D. C., for appellant Interstate Commerce Commission.

[Argument of Counsel from pages 271-273 intentionally omitted] Mr. James B. McDonough, of Ft. Smith, Ark., for appellant Ft. Smith, S. & R. I. R. Co.

Messrs. H. H. Larimore, of St. Louis, Mo., Thomas B. Pryor, of Ft. Smith, Ark., and Edward J. White, of St. Louis, Mo., for appellee.

Mr. Justice BUTLER delivered the opinion of the Court.

On the complaint of the Ft. Smith, Subiaco & Rock Island Railroad Company, called the 'Subiaco,' against the Missouri Pacific Railroad Company and 353 other carriers by rail, the Interstate Commerce Commission made an order establishing through routes for west-bound freight traffic over the Subiaco. The Missouri Pacific brought this suit against the United States to set aside the order. U. S. C. tit. 28, §§ 46, 48 (28 USCA §§ 46, 48). The Interstate Commerce Commission and the Subiaco intervened. Section 212, Judicial Code (28 USCA § 45a). The District Court, composed of three judges (U. S. C. tit. 28, § 47), held that the Commission was without power to establish the routes and entered its decree granting the relief prayed. The United States and the interveners join in this appeal. Section 47, supra.

The sole question is whether the Commission is authorized by the Interstate Commerce Act to establish the routes complained of.

Paragraph (3) of section 15 provides: 'The Commission may, and it shall whenever deemed by it to be necessary or desirable in the public interest, * * * establish through routes, * * * applicable to the transportation of * * * property. * * *' Paragraph (4) of that section provides: 'In establishing any such through route the Commission shall not (except as provided in section 3, and except where one of the carriers is a water line), require any carrier by railroad, without its consent, to embrace in such route substantially less than the entire length of its railroad * * * which lies between the termini of such proposed through route, unless such inclusion of lines would make the through route unreasonably long as compared with another practicable through route which could otherwise be established. * * *' U. S. C. tit. 49 (49 USCA § 15).

The entire line of the Subiaco is in Arkansas. It is 40 miles long, and extends from Paris, where it connects with a branch line of the Missouri Pacific, easterly to Dardanelle, where it meets a branch of the Chicago, Rock Island & Pacific Railway Company, extending southerly 14 miles to junction with the east and west main line of that company at Ola. The Subiaco has not been able to earn dividends, and has long sought to increase earnings by having its line made a part of through routes for interstate traffic not beginning or ending thereon.

In a proceeding initiated by the Subiaco against the Arkansas Central, whose line later became the Paris branch of the Missouri Pacific, the Commission, February 12, 1924, declared that such routes would be in the public interest, but dismissed the case for lack of proper parties defendant. Ft. Smith, S. & R. I. R. R. Co. v. A. C. R. R. Co., 87 I. C. C. 617. The Subiaco filed a new complaint that alleged need of more revenue to enable the company to continue operations and prayed for the establishment of through westbound routes via Little Rock, Ola, Dardanelle, and Paris. The Commission, Division 4, October 23, 1925, found that the company was earning a surplus over operating expenses and taxes and that on the showing there was no ground for abandonment of the line. The report shows that traffic to move over the proposed route must come from other carriers; that the Missouri Pacific, then probably not earning a fair return, would be the principal loser; and that revenue diverted from it would largely exceed the amount that would go to the Subiaco. The Division reversed the earlier finding and dismissed the complaint. Ft. Smith, S. & R. I. R. R. Co. v. A. & V. Ry. Co., 102 I. C. C. 708. The case was reopened and upon further consideration the Commission, March 2, 1926, one of its members dissenting and two others not participating, found the proposed route desirable in the public interest, and made the order here in controversy. 107 I. C. C. 523.

It directs defendants to establish and maintain through routes west bound over the Subiaco via Ola, Dardanelle, and Paris between points of origin and destination named in certain tariffs, which include places between which lie certain lines of the Missouri Pacific. The order contains a proviso: 'That this order shall not be construed as requiring any defendant to participate in any through route * * which would require it to surrender possession of traffic which it has originated or received from a connecting carrier to another carrier for transportation over a route which embraces less than the entire length of such defendant's railroad * * * which lies between the termini of such route.'

The Missouri Pacific has a main line that extends from Little Rock to Ft. Smith and points west. It also has lines connecting Little Rock with Mississippi river crossings at East St. Louis, St. Louis, Cairo, Memphis, Natchez, and New Orleans. Thus that company provides routes for traffic originating at these places and also a link in through routes for traffic originating east of the Mississippi on other lines and moving through these gateways to Ft. Smith, points on the Paris branch, or points on or reached by its line extending west from Ft. Smith. In each of the existing routes, the Missouri Pacific has the haul from the Mississippi to Ft. Smith and points on its lines extending through that place.

There is no finding that any of these routes is too long or that the traffic covered by the order would be handled more advantageously over the proposed route. The situation in respect of all may be illustrated by the route from or via Memphis to Ft. Smith and beyond. Memphis is on the east bank of the Mississippi, about due east from Little Rock, which is at the geographical center of Arkansas. Ft. Smith is near and some distance north of the middle of the west boundary of the state. The order would compel the Missouri Pacific to use its Paris branch to establish a route to compete with those in which it has much longer hauls. The new route would give it a haul not more than the length of the Paris branch as against those over its lines from its Mississippi gateways to or beyond Ft. Smith. Its haul from Memphis to Ft. Smith is 308 miles.

The main line of the Rock Island extends from Memphis to Little Rock; thence a little south of west via Ola to points west of Arkansas. Its rails do not extend to Ft. Smith, but its traffic reaches that place via Mansfield, and also via Wister, over the lines of the St. Louis-San Francisco Railway, and also via Howe over the Kansas City Southern Railway. There is no suggestion that the proposed through route is the only one available to shippers, or that without it they would be limited to lines of the Missouri Pacific for transportation from Memphis or from its other Mississippi gateways to Ft. Smith. Under the order complained of, the Rock Island would haul 222.3 miles from Memphis to Dardanelle, the Subiaco 40.3 miles from Dardanelle to Paris, and the Missouri Pacific 46.1 miles from Paris to Ft. Smith. Thus the route ordered gives the Missouri Pacific a haul of only 46 miles, while the existing route gives it 308.

The act does not give the Commission authority to establish all the through routes it may deem necessary or desirable in the public interest. The general language of paragraph (3) is limited by paragraph (4). The latter lays down the rule that, subject to specified exceptions, a carrier may not be compelled to participate in a through route which does not include substantially its entire line lying between the termini of the route. The purpose is to protect the long haul routes of carriers. It is clear that, within the meaning of paragraph (4), the mileage of the Missouri Pacific between its Mississippi river crossings and Ft. Smith lies between the termini of all routes through or from such gateways west-bound over the line of the Subiaco. The existing routes include these Missouri Pacific lines and give that company long hauls as compared with the length of the Paris branch. The latter is the only line of the company included in the Subiaco route. The order is plainly repugnant to the rule prescribed by that paragraph. And, as neither section 3 (49 USCA § 3) nor water transportation is involved, and existing routes were not found unreasonably long, the proposed route is not within the exceptions specified in that paragraph.

The appellants oppose the application of paragraph 4 according to its terms and insist that it should not be construed to cover all routes which short-haul the carrier, but only those which deprive the carrier of its long haul after it has obtained possession of the traffic. The proviso contained in the order, reflecting that view, falls far short of protecting the carrier's long-haul routes as contemplated by paragraph (4). The language of that provision is so clear and its meaning so plain that no difficulty attends its construction in this case. Adherence to its terms leads to nothing impossible or plainly unreasonable. We are therefore bound by the words employed and are not at liberty to conjure up conditions to raise doubts in order that resort may be had to construction. It is elementary that, where no ambiguity exists, there is no room for construction. Inconvenience or hardships, if any, that result from following the statute as written, must be relieved by legislation. It is for Congress to determine...