United States v. Drum , 82 S. Ct. 408 ( 1962 )

Mr. Justice Douglas,

whom Mr. Justice Black joins,

concurring.

If I read the Court’s opinion as my Brother Harlan reads it, I would dissent from the disposition that is made of the .case. The Commission is not.a free-wheeling agency that can impose its ideas on this industry by fiat. Congress has provided the standard by which the Commission must adjudicate each case. And it is required to make not only findings that support its decision (Interstate Commerce Comm’n v. J-T Transport Co., 368 U. S. 81), but also findings that are intelligible and complete. United States v. Carolina Carriers Corp., 315 U. S. 475, 488-489. The case is for me a marginal one on which commissioners as well as judges might differ.^* But I do not believe the Commission distorted the statutory standard nor made findings out of conformity with the facts.

Hence I join the opinion of the Court.

* Three judges in the District Court disagreed with the Commission (193 F. Supp. 275) and one of the three Commissioners dissented. 79 M. C. C. 403.