UNITED STATES SUPREME COURT DECISIONS ON-LINE

1. A "final" valuation of the property of a railroad by the Interstate Commerce Commission pursuant to § 19 of the Act to Regulate clubjuris

Page 273 U. S. 300

Commerce, as amended, is merely the statement of the result of an investigation, and is not such an order as may be reviewed by a suit against the United States to annul and enjoin the use of such valuation or "order" under the Act of October 22, 1913, or under the general equity powers of the district court. Pp. 273 U. S. 308, 273 U. S. 314.

2. The statutory provision making such valuations prima facie evidence in all proceedings under the Act to Regulate Commerce, and in all judicial proceedings to enforce that Act or to enjoin, set aside, annul, or suspend, any order of the Commission is not a violation of the due process clause of the Fifth Amendment justifying proceedings to annul the valuation order. P. 273 U. S. 311.

3. Paragraph (j) of § 19a, providing that

"if, upon the trial of any action involving a final value fixed by the Commission, evidence shall be introduced regarding such value which is found by the court to be different from that offered upon the hearing before the Commission, or additional thereto and substantially affecting the value,"

the proceedings shall be stayed so as to permit the Commission to consider the same and fix a final value different from that fixed in the first instance and to "alter, modify, amend or rescind any order which it has made involving such final value" does not refer to so-called orders fixing only valuations. P. 273 U. S. 312.

4 F.2d 736, 8 F 2d 747, reversed.

Appeal from a decree of the district court, annulling and enjoining the use of a valuation of a railroad property made by the Interstate Commerce Commission. The suit was by the railroad against the United States. The Commission intervened. clubjuris

Page 273 U. S. 307