CARRIERS-POWER OF THE INTERSTATE COMMERCE COMMISSION TO AWARD REPARATION ON RATES FORMERLY FIXED AS REASONABLE

Authors

Abstract

In 1921 the Interstate Commerce Commission fixed a rate of 96.5 cents per cwt. as the maximum reasonable rate for the future on sugar between Phoenix, Arizona, and all points in California. In a subsequent attack on rates in 1925, the Commission found reasonable a still lower rate of 73 and 71 cents per cwt. from Northern and from Southern California, respectively, and awarded reparation for the amount by which the rates actually charged exceeded the new rates over a period from 1923 to 1925. From this order the carrier appealed on the ground that the Commission was precluded from declaring rates unreasonable, with retroactive effect, which it had established by its own order in 1921. It was held, on appeal, in Arizona Grocery Co. v. Atchison, Topeka & Santa Fe Ry. Co. et al., that the Commission could not award reparation for collection of rates which it had previously fixed as being reasonable. Holmes and Brandeis, JJ., dissented.

Recommended Citation

CARRIERS-POWER OF THE INTERSTATE COMMERCE COMMISSION TO AWARD REPARATION ON RATES FORMERLY FIXED AS REASONABLE, 31 Mich. L. Rev. 118 (1932).
Available at: https://repository.law.umich.edu/mlr/vol31/iss1/15