Robert Peacock, Deputy Atty. 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. 1New York v.United States No. 465; Sprunt & Son, Inc. v. United States, 281 U.S. 249, 50 S. Ct. 315, 74 L. Ed. It is inevitable in such matters that an order by the Commission cannot be based on strictly up-to-the-minute proof. Thank you. 1st Session at page 11. "[5] In the discussion of the bill in the Senate the chairman of the committee in charge of it was asked if he thought the proposed amendment of section 3(1) would make toward the equalization of rates in the various regions. 5 Argued December 7, 8, 1944 Reargued December 4, 1945 Decided January 14, 1946 326 U.S. 572 4CERTIORARI TO THE CIRCUIT COURT OF APPEALS 7FOR THE SECOND CIRCUIT 10Syllabus It has been earnestly argued that the investigations and order under review are the result of political agitation having for its ultimate object the dislocation of industry from Official Territory and its establishment in the other territories, principally in the Southern, and that does appear plausible. From Wikisource. 3 in which an alternative must be provided as held in Texas & Pacific R. v. United States, supra. 478; Chicago, B. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at Persons unskilled in those matters are much handicapped in dealing with such subjects and the well established rule is that the expert knowledge of the Commission and its experience, when resorted to and given effect in sufficiently supported findings which are the result of adequate and properly conducted proceedings, should be left undisturbed by the courts under the doctrine of administrative finality. Gen., for State of Texas and Railroad Commission of Texas. Walter R. McDonald, Georgia Public Service Commission, of Atlanta, Ga., for Southeastern Association of Railroad and Utilities Commissioners. VI. 328; Rochester Telephone Corp. v. United States, supra. Thank you. In the report made by the Senate Committee on Interstate Commerce[4] it was said as to section 3(1), "There has been no substantial change therein, except that the words `region, district and territory' appearing in lines 20 and 23 on page 26 have been inserted." We think this interpretation of section 3(1) of the Act as amended is supported by the legislative history. The potency of much of the argument in support of the grounds relied on by the plaintiffs depends upon the effect to be given the before mentioned amendment to section 3(1) of the Act by the Transportation Act of 1940 and to section 5(b) of the latter, 49 U.S.C.A. 433, 76 Cong. Interstate Commerce Commission v. City of Jersey City, 322 U.S. 503, 64 S. Ct. 1129, 88 L. Ed. They relate in one way or another to what have been held essential to be proved to establish a basis for findings of preference, or prejudice or discrimination as to rates before the amendment of 1940 to section 3(1) of the Act. So, we felt that by broadening the language we would at least take away that excuse, and we would provide expressly that the Commission should not discriminate in its rate structures.


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