1511, 48 L.R.A.,N.S., 1151, Ann.Cas.1916A, 18; Willcox v. Consolidated Gas Co., 212 U.S. 19, 29 S. Ct. 192, 53 L. Ed. 1st Session at page 11. It does not appear that the Commission has herein acted upon any assumption that the 1940 changes altered the basic principles governing its action. A piece of "Black Diamond" anthracite coal lying in the grass. & Q. R. v. United States, D. C., 60 F. Supp. 626 (E.D.

J. C. Murray, of Little Rock, Ark., for State of Arkansas, the Governor of Arkansas, and the Arkansas Public Service Commission. The inquiries were commenced, the reports filed, and the order made as provided in Sections 13(2), 14(1) and 15(1) of the Act, 49 U.S.C.A. And the chairman of the committee said in part in explanation of the amendment, "The previous provision with regard to `discrimination' simply referred to discrimination as to `locality, port, port districts, gateway, transit point' without specifying the region, district or territory. The change thus made in section 3(1) of the Act was the addition of the words "region, district, territory" following "transit point" in the enumeration of the persons, places and traffic as to which preference and prejudice was expressly made unlawful and prohibited.
Also to Section 3(1), which, as amended by the Transportation Act of 1940, 49 U.S. C.A. In any event, data based only on averages for all this traffic do not necessarily demonstrate the impropriety of reductions in the highest level of rates. H. Emerson Kokjer, Deputy Atty.

Our review of orders made by the Commission within the scope of its authority is limited to the following broad considerations and matters incidental thereto: (1) Whether the order is based upon adequate findings; (2) whether there is substantial evidence in the record to support the findings made; and (3) whether the record was made as the result of adequate hearings of which due notice was given to all interested parties and at which those who appeared were fairly permitted to present their evidence and be heard in argument. They are matters which are still pertinent and if evidence to support findings to supply the lack pointed out as to this record had, or could have been, offered it would undoubtedly have been admissible and findings in accord with it would have given added support to the order made. We may not agree with its decision *874 and we may not agree with the wisdom of the ad interim order but we have no power to set the order aside because of any such disagreement and substitute our own judgment for that of the Commission. Written and curated by real attorneys at Quimbee. We may, indeed, *872 take it for granted that they were lawful previous to the amendment since they had been in the main the result of comparatively recent investigations and orders of the Commission. While that fact, if proved, would have been of much significance the failure to prove it and the consequent lack of a finding that present rates are confiscatory does not leave the Commission's finding that the rates are unlawful unsupported by substantial evidence. It will be remembered that the Western Lines carry only .6 of one per cent of their total freight at rates affected by this order. The denial by the Commission of the application to reopen the proceedings and receive additional evidence especially as to conditions subsequent to 1939 was not an abuse of its discretion. Thank you. Get New York v. United States, 505 U.S. 144 (1992), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. 432; Rochester Telephone Corp. v. United States, 307 U.S. 125, 140, 59 S. Ct. 754, 83 L. Ed. 1227. Even as to class rates on less-than-carload traffic, the record shows that in western trunk-line and southwestern territories many intrastate class rates are maintained which are lower than the corresponding reduced interstate class rates required by our interim order.". Lewis Petteway, of Tallahassee, Fla., for Florida Railroad Commission. Also it is argued that the finding of undue prejudice and preference created as between territories by the present class rates is arbitrary because *870 not based upon preliminary findings made on proof by means of substantial evidence to the effect that the class rates published are the rates at which the freight moves; because findings and proof of a competitive relationship between the party preferred and the party prejudiced are lacking; because findings and proof of substantial injury to the party found to be prejudiced and of substantial benefit to the party found to be preferred are lacking; because findings and proof that the same carrier or carriers are responsible for or control both the preferential and prejudicial rates are lacking; because findings and proof that the carriers charge existing class rates on the same kinds of freight moved into Official Territory which is carried at class rates within Official Territory are lacking; because findings and proof that similar freight is carried under similar conditions in each territory are lacking; and perhaps there are other grounds of similar nature. C. E. Logwood, Public Service Commission of South Carolina, for Public Service Commission. We were then authorized and directed by the other provisions mentioned to remove any such discriminations found to exist in a proper proceeding. This is the old version of the H2O platform and is now read-only. You can access the new platform at https://opencasebook.org. First, there should be a brief allusion to the contention that the plaintiff States have no standing to sue as parens patriae but only as shippers and receivers of freight. "That whenever, after full hearing, upon a complaint made as provided in section 13 of this part, or after full hearing under an order for investigation and hearing made by the commission on its own initiative, either in extension of any pending complaint or without any complaint whatever, the commission shall be of opinion that any individual or joint rate, fare, or charge whatsoever demanded, charged, or collected by any common carrier or carriers subject to this part for the transportation of persons or property, as defined in the first section of this part, or that any individual or joint classification, regulation, or practice whatsoever of such carrier or carriers subject to the provisions of this part, is or will be unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial, or otherwise in violation of any of the provisions of this part, the commission is hereby authorized and empowered to determine and prescribe what will be the just and reasonable individual or joint rate, fare, or charge, or rates, fares, or charges, to be thereafter observed in such case, or the maximum or minimum, or maximum and minimum, to be charged, and what individual or joint classification, regulation or practice is or will be just, fair and reasonable, to be thereafter followed, and to make an order that the carrier or carriers shall cease and desist from such violation to the extent to which the commission finds that the same does or will exist, and shall not thereafter publish, demand, or collect any rate, fare, or charge for such transportation other than the rate, fare, or charge so prescribed, or in excess of the maximum or less than the minimum so prescribed, as the case may be, and shall adopt the classification and shall conform to and observe the regulation or practice so prescribed."

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