american ry exp argued decided june attorney general blackburn esterline washington robert alston atlanta cunningham savannah marx new york city appellees farrell washington appellant interstate commerce commission mrssrs sanders mcdaniel atlanta charles rixey washington appellant southeastern express challen ellis washington appellant southern traffic league justice brandeis delivered opinion transportation act stat amending interstate commerce act par comp ann supp directs commission whenever deemed necessary desirable public interest establish routes paragraph section provides establishing route commission shall require carrier railroad without consent embrace route substantially less entire length railroad intermediate railroad operated conjunction common management control therewith lies termini proposed route unless inclusion lines make route unreasonably long compared another practicable route otherwise established commission shall compel carrier short haul traffic main question decision whether american railway express company uses railroads transportation service described wells fargo taylor sup railroad within meaning paragraph american organized june war measure take express business done railroads come federal control government relinquished control consolidation transportation business property express companies approved commission paragraph section interstate commerce act amended transportation act comp ann supp consolidation express interst com uniform contracts entered american substantially railroads express contract interst com enjoyed practical monopoly railroad express business may day southeastern express company entered field utilizing purpose southern railway system affiliated lines miles railroad many cities towns southeastern served american southeastern called common points larger number served one companies called exclusive points except southeastern practically railroad express offices exclusive points american southeastern sought american agree establish routes joint rates points served respectively whether common points exclusive permit shipper give routing instruction american declined limiting concurrence routes exclusive points one company exclusive points way attempted secure either entire haul longest possible haul thereupon southeastern instituted commission proceedings american praying commission establish routes joint rates sought another proceeding seeking part like relief brought two express companies shippers associations cases consolidated commission ordered establishment routes prayed finding order secure adequate service necessary desirable public interest competitive joint routes established although american reasonable routes origin destination origin point nearer destination joint routes established southeastern express american railway express interst com interst com effective date order suit enjoin enforcement brought american federal northern georgia seaboard air line railway one many railroads american contract intervened plaintiff commission southeastern southern traffic league shippers associations intervened defendants case heard application temporary injunction three judges pursuant act october stat order held void ground american railroad within meaning paragraph therefore commission facts found without power make order temporary granted circuit judge bryan dissenting fed case separate appeals decision several respondents three appeals present questions law first power establish routes conferred broadly carriers paragraph section limitation upon power respect railroad imposed paragraph language embodies limitation appropriate describe situation express company commission may compel carrier embrace route less entire length railroad intermediate railroad operated conjunction common management control therewith lies termini proposed route unless express company railroad served many railroads served water lines motor trucks horses wagons moreover language paragraph describes aptly single railroad system system express routes extending many separate railroad systems practically every express company american routes many separate railroad system however numerous railroads used routes parts single express system express company railroad length railroad must american argues construed mean entire length lines railroads within routes construction adopted tend give permanency existing monopoly although failed give adequate service deprive commission power foster competition found necessary secure service nothing transportation act evinces intention part congress accomplish purpose natural meaning term railroad one operates railroad one whose shipments carried railroad term found original act regulate commerce applicable carriers transportation passengers property wholly railroad partly railroad partly water amendment extended commission jurisdiction express companies sleeping car companies pipe lines extended jurisdiction telegraph telephone cable companies occasion differentiating carriers arose provisions act regulate commerce obviously applicable classes carriers made subject regulation extent provisions applied class left amendments largely construction transportation act phrase railroad seems systematically employed designate sections interstate commerce act apply carriers operating railroads term introduced paragraph place word used amendment purpose substitution make clearer prohibition compelling carrier traffic limited railroads phrase adopted federal employers liability act april stat comp used act held wells fargo taylor sup include independent express companies business railroads section transportation act given meaning compare ex rel cnicago new york boston refrigerator interstate commerce commission decided may sup ed second american claims order void even limitation contained paragraph applicable express companies one contention order exceeds power conferred upon commission matter law unreasonable establish second route merely sake securing competition service another contention order exceeds power conferred upon commission purports authorize shipper give routing instructions claim made american matter law right carry lines traffic originates long done without unreasonably delaying delivery destination right haul traffic destination property protected fifth amendment authorize shipper give routing instructions takes property provision making equitable division joint rate afford legal compensation taking entitled southeastern insists claims although adequately presented bill complaint availed overruled district american take objection unsound true party appeal final decree trial heard opposition thereto case brought appeal adverse party words appellee may attack decree view either enlarging rights thereunder lessening rights adversary whether seeks correct error supplement decree respect matter dealt likewise settled appellee may without taking appeal urge support decree matter appearing record although argument may involve attack upon reasoning lower insistence upon matter overlooked ignored claims question american attack respect decree entered merely asserts additional grounds decree affirmed grounds examined competitive route ordered must course reasonable character standpoint transportation must reasonable cause establishing case objection made character routest ordered objection matter law competitive routes justified time required delivery existing routes american short competitive joint routes objection action taken congress supplies answer act commission act satisfactory route exists interstate commerce commission northern pacific ry sup set aside order establish second route deemed existing one adequate thereupon congress amendment struck proviso empowered commission establish routes deemed necessary desirable public interest transportation quality service furnished may important shipper rate commission found proceeding review service american instances inadequate competition time important element conpetition tends make company improve general treatment public practices rules regulations regard methods business found also common points improved since formation southeastern conclusion establishment competitive routes necessary desirable public interest shown unreasonable existence competitive route ordinarily implies option shipper give privilege directing routing corollary establishment competitive routes upon shippers railroad freight right expressly conferred congress paragraph section subject reasonable exceptions regulations commission may prescribe rights respect shippers express dealt terms matter therefore left subject regulation commission general provisions act paragraph empowers commission establish routes authorizes also fix terms conditions routes shall operated order shipper express may direct routing unreasonable american absolute right retain traffic originates provision authorizing shipper direct routing reasonable order violate late constitutional rights occasion consider grounds urged support reversed footnotes commission found necessary desirable public interest additional reasonable direct routes joint rates shall maintained points lines american railway express company points lines southeastern express company regardless fact one company may reasonable direct route join reasonable direct joint route via another junction allows longer haul rates two points shall regardless route shipment may move number lines may travel joint routes shall established instances result reasonable direct routes least two reasonable direct routes points one shall via transfer point selected southeastern express company via transfer point selected american railway express company tariffs shall provide right shipper designate routing express shipments routes established see interst com order interst com required companies establish october routes points maine new hampshire vermont massachusetts rhode island connecticut new york points direct routes american railway express company new york washington one hand points main line southern railway company washington including birmingham transfer companies washington rates points shall exceed rates contemporaneously effect points routes used tariffs provide right shipper designate writing routing shipments routes prescribed order made fixing divisions joint rates opinion stated injunction prejudice right commission inquire whether existing routes unreasonably long cause particularly appearing proposed new routes established consistently paragraph section interstate commerce act order establishment american ry express fed act regulate commerce february stat comp et seq confer upon commission power establish routes compare southern pacific interstate commerce commission sup amendment act june state comp conferred power may necessary give effect provision act carriers complained refused neglected voluntarily establish routes joint rates provided reasonable satisfactory route exists amendment byact june stat struck proviso substituted therefor limitation reenacted paragraph section interstate commerce act amended transportation act latter act struck also clause act commission power establish routes dependent upon failure carriers establish voluntarily section par provides term carrier used act shall include companies telegraph telephone cable companies operating wire wireless express companies sleeping car companies etc section par imposes upon every carrier property duty establish routes section par deals among things joint rates confers regulatory powers respect common carrier carriers subject provisions act transportation persons property transmission messages defined first section act paragraph section deals time orders paragraph takes effect paragraph contains words limiting scope commission power establish routes railroad limitation imposed applied railroad appears first paragraph prior transportation act existence unrestricted power establish routes joint rates appears assumed without question commission express rates interst com interst com compare american express sup express companies important ones conducted service miles railway miles steamship stage lines miles electric lines express rates practices interst com interst com interst com proposed increase express rates interst com january express companies consolidation express interst com compare express rates interst com american express company business railroads transportation act enacted conducted service nearly miles railroad first class operated separate railroad companies railways interstate commerce commission consolidation express interst com see section phrase used later sections original act common carrier subject provisions act see sections compare section commission held express interst com express business conducted department business railroad subject original act business conducted independent company acquired rights contract railroad subject act term railroad found amendments march stat february stat february stat amendment appears section stat amendment appears sections stat connection establishment routes use term railroad appears first time amendment made act see following provisions interstate commerce act amended transportation act title comp ann supp et seq section pars compared paragraphs section par compared paragraphs section par compared paragraph section par compared paragraph also section par compared paragraphs section section section pars section see also section comp ann supp section amended act june stat comp read commission shall require carrier without consent embrace route substantially less entire length railroad etc phrase introduced safety appliance act march stat comp found original safety appliance act march stat comp amendment thereof april stat comp term used hours service act march stat comp act may comp boiler inspection act february stat comp et hand law act june stat comp enumerates express company car company common jcarrier water railway mail service pay provision act july stat comp employs phrase common carriers merchant marine act stat comp ann supp phrase rail william bagaley wall stephen morgan landram jordan sup compare union tool wilson sup decision peoria pekin union ry sup ed upon appellants rely rests upon peculiar character question raised objection upon appellee relied one venue district overruled dismissed bill merits objection venue waived stage proceeding held waived failure take rule express classification approved commission provided shippers designation writing may route shipments way established routes transfer points may desire see express rates interst com interst com commission found american refuses obey shipper routing instructions disregards rule express classification see southeastern express american ry express interst com statements practice commission cases relied upon american entirely consistent rule see annual report also cincinnati columbus traction baltimore ohio interst com express rates interst com