257 U.S. 485 (1922), 25, North Dakota v. Chicago & Northwestern Railway Company

Docket Nº:No. 25, Original
Citation:257 U.S. 485, 42 S.Ct. 170, 66 L.Ed. 329
Party Name:North Dakota v. Chicago & Northwestern Railway Company
Case Date:January 23, 1922
Court:United States Supreme Court
 
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Page 485

257 U.S. 485 (1922)

42 S.Ct. 170, 66 L.Ed. 329

North Dakota

v.

Chicago & Northwestern Railway Company

No. 25, Original

United States Supreme Court

Jan. 23, 1922

Argued on motion to dismiss January 5, 1922

IN EQUITY

Syllabus

1. Section 211 of the Judicial Code, requiring that the United States be made a party to any suit to set aside or suspend an order of the

Page 486

Interstate Commerce Commission, and § 208, requiring that such suits be brought in a district court, were not repealed by the Act abolishing the Commerce Court, October 22, 1913, c. 32, 38 Stat. 219. P. 489.

2. The provision that the United States shall be a party (Jud.Code, § 211) was made not as a mere matter of procedure, but in protection of the public interests. P. 90.

3. A state can sue in the district court when the United States is a party and has consented to be sued there and has not expressed its consent to be sued elsewhere. P. 491.

4. A bill brought by a state in this Court against railroad companies to prevent their applying an order of the Interstate Commerce Commission increasing rates within the state dismissed for want of equity, and the plaintiff remitted to its remedy in the district court, upon the grounds that complete justice to the companies, and to the public policy indicated by Jud.Code § 211 so required. P. 490.

Bill dismissed.

Original suit in this Court against the above named and four other railroad companies to restrain them from applying an order of the Interstate Commerce Commission increasing intrastate rates in North Dakota until this Court can review the decision of the Commission and pass upon constitutional questions concerning it.

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HOLMES, J., lead opinion

MR. JUSTICE HOLMES delivered the opinion of the Court.

This is a bill in equity brought in this Court by the State of North Dakota against certain named railroad companies to prevent their applying an order of the Interstate Commerce Commission until this Court can review the decision upon which that order was made. The order increased the intrastate rates in North Dakota upon a finding that the present rates were an unjust discrimination against interstate commerce within the meaning of paragraph 4 of § 13 of the Act to regulate commerce as amended by the Transportation Act of February 28, 1920, c. 91, Title IV, § 416, 41 Stat. 456, 484. North Dakota Rates, Fares and Charges, 61 I.C.C. 504; Increased Rates, 1920, 58 I.C.C. 220. The ground of the bill is that the increase, if applied, will make the jobbing business within the state unable to compete with the

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jobbers of Minnesota, and that the order of the Interstate Commerce Commission is invalid (1) because based upon an increase in interstate rates that the Commission ordered without complying with the conditions said to be imposed by § 15a and § 19a of the Interstate Commerce Act (a physical...

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