Mr. Justice CLARK, with whom THE CHIEF JUSTICE and Mr. Justice BLACK join, dissenting.
The Court by its action today sounds the death knell for barge transportation on the Tennessee River. The war of extermination between the railroads and barge lines began years ago, and, as Chairman Eastman said in Petroleum Products From New Orleans, La., Group, 194 I.C.C. 31, 44 (1933), has been effected 'by (the railroads) cutting rates where the (barge) competition existed, to whatever extent was necessary to paralyze it, at the same time maintaining rates at a very high level elsewhere.' Indeed, this Court has on many occasions had to protect barge lines from such unlawful practices, even in cases where railroad rate activity has received approval of the Interstate Commerce Commission. See Dixie Carriers, Inc. v. United States, 351 U.S. 56, 76 S.Ct. 578, 100 L.Ed. 934 (1956), and Interstate Commerce Comm'n v. Mechling, 330 U.S. 567, 67 S.Ct. 894, 91 L.Ed. 1102 (1947). See also Arrow Transp. Co. v. United States, 176 F.Supp. 411 (D.C.N.D.Ala.1959). And just a few months ago there was filed here in No. 746, Mechling Barge Lines, Inc., v. United States, another case in which the appellants contend that the same old practices were employed. Although the Court admits that 'It cannot be said that the legislative history * * * (of the suspension power of the Commission, § 15(7)) includes unambiguous evidence of a design to extinguish * * * judicial power * * *,' it nevertheless strips the courts of any power to prevent (1) the collection by the railroads of 'rates and charges * * * which would be unjust and unreasonable, in violation of the Interstate Commerce Act, and constitute unfair and destructive competitive practices in contravention of the National Transportation Policy * * *' as found by the Interstate Commerce Commission; (2) the frustration of the National Transportation Policy under which Congress has commanded the Commission to preserve each medium of transportation against unlawful and destructive practices and to guard against the consequences of discrimination; (3) the complete destruction of competing barge lines as well as gross discrimination against shippers and localities along the Tennessee River. I agree with the United States, which has filed at our suggestion an amicus curiae brief, that where 'a competing carrier will be destroyed and others will suffer gross discrimination and injury before the administrative proceeding is terminated,' the appropriate federal court does have the power to enjoin such an extraordinary injury pending decision of the Commission.