Interstate Commerce Commission v. New York, New Haven & Hartford R. Company

PETITIONER: Interstate Commerce Commission
RESPONDENT: New York, New Haven & Hartford R. Company
LOCATION: James Wah Toy’s Laundry

DOCKET NO.: 108
DECIDED BY: Warren Court (1962-1965)
LOWER COURT:

CITATION: 372 US 744 (1963)
ARGUED: Feb 28, 1963
DECIDED: Apr 22, 1963

Facts of the case

Question

Media for Interstate Commerce Commission v. New York, New Haven & Hartford R. Company

Audio Transcription for Oral Argument - February 28, 1963 (Part 1) in Interstate Commerce Commission v. New York, New Haven & Hartford R. Company

Audio Transcription for Oral Argument - February 28, 1963 (Part 2) in Interstate Commerce Commission v. New York, New Haven & Hartford R. Company

Earl Warren:

Mr. Ginnane, you may continue your argument.

Robert W. Ginnane:

May it please the Court.

After the Commission had made the findings which I summarized just before the recess, it turned to Section 15a (3) which had been added to the Act of 1958.

Arthur J. Goldberg:

Mr. Ginnane, before you do that, could you elaborate on the [Inaudible]

Robert W. Ginnane:

Yes, very brief.

Arthur J. Goldberg:

[Inaudible]

Robert W. Ginnane:

On the Commission's knowledge and on our recent national experience and upon authoritative reports, the recent reports by the Senate Committee on Interstate Commerce and by the Maritime Commission as to the continuing importance of the coastal services in the event of a national emergency.

And particularly, the Commission reminded itself that at the outset of World War II, the entire coastal and inter-coastal fleet was taken over by the Government.

Arthur J. Goldberg:

[Inaudible]

Robert W. Ginnane:

The coastal fleet as a whole, including in particular the tankers, has increased as an absolute matter.

The coastal fleet we're talking about here in this case and this is all that's left of the segment of coastal fleet are the deep water carriers that is -- as distinguished from the small carriers that go through the inter-coastal canal.

The deep water carriers that handled bulk cargo.

Of those, only two are left and they're before the Court -- Sea-Land and Seatrain and they operate a total of seven vessels in this Atlantic-Gulf Trade, right se at the beginning of World War II, there were 19 carriers in this trade operating 139 vessels.

Of course, they were 139 vessels in break-bulk operation which has disappeared.

The deep water coastal carriers carrying package cargo --

Potter Stewart:

And distribution tankers?

Robert W. Ginnane:

And distribution tankers, now consists of Sea-Land and Seatrain and they operate in this Atlantic-Gulf service, seven modern vessels.

Sea-Lands carrying trailers, Seatrains carrying loaded freight cars.

Earl Warren:

How many of these did you say these ships carried?

Robert W. Ginnane:

Each of the Sea-Land ships carries 226 loaded highway trailers.

Earl Warren:

I see.

Robert W. Ginnane:

Seatrain I have forgotten.

Each Seatrain car carries a hundred loaded freight cars.

William O. Douglas:

Now, if I may tend to place [Inaudible]

Robert W. Ginnane:

I think a fair reading on the Commission's report is they felt a need to keep what is still left.

And leaving to -- in large part, the competition whether or not they would with reasonable differential rate protection to be able to somewhat expand the services, because these are pretty -- this is pretty expensive equipment.

Sea-Land when it converted spent about $40 million.

Arthur J. Goldberg:

[Inaudible]

Robert W. Ginnane:

Well, to take a Seatrain car, for example.

A Seatrain ship that can handle a hundred loaded freight cars.