Note: This principle was later qualified by cases such as NBC v. US which provided for more expansive powers for administrative agencies.

The ICC then went to the 6th Circuit Court of Appeals to seek a legal injunction requiring the Cincinnati, New Orleans and Texas Pacific Railway to comply with the order.

The 6th circuit sent a certified question to the US Supreme Court, asking: Had the interstate commerce commission jurisdictional power to make the order hereinbefore set forth; all proceedings preceding said order being due and regular, so far as procedure is concerned?Ultimately, the Supreme Court determined that the ICC had no such power.

Therefore, they argued, the only reasonable interpretation of the statute was that Congress intended them to exercise the power to set rates.

The Court rejected this argument, holding that the powers granted by the terms of the statute were solely executive and administrative, but not legislative.