Ayrshire Collieries Corporation v. United States, 467

• Decision Date: 28 April 1947
• Docket Number: No. 467,467
• Citation: 331 U.S. 132,91 L.Ed. 1391,67 S.Ct. 1168
• Parties: AYRSHIRE COLLIERIES CORPORATION et al. v. UNITED STATES et al
• Court: U.S. Supreme Court

331 U.S. 132

67 S.Ct. 1168

91 L.Ed. 1391

AYRSHIRE COLLIERIES CORPORATION et al.

v UNITED STATES et al.

No. 467.

Argued and Submitted April 7, 8, 1947.

Decided April 28, 1947.

On Appeal from the Distrct Court of the United States for the Southern District of Indiana.

Mr. Earl B. Wilkenson, of Chicago, Ill., for appellants Ayrshire Collieries Corporation and others.

Mr. Carson L. Taylor, of Chicago, Ill., for appellant C.M. St. P. & P.R.R. co.

Mr. Daniel W. Knowlton, of Washington, D.C., for appellees U.S. & I.C.C.

Mr. Charles W. Stadell, of Chicago, Ill., for appellees Central Illinois District Coal Traffic Bureau and others.

Mr. Erle J. Zoll, Jr., of Chicago, Ill., for appellees Alton R.R. Co. (Henry A. Gardner, Trustee) and others.

Mr. Justice MURPHY delivered the opinion of the Court.

Appellants filed complaints in the United States District Court for the Southern District of Indiana seeking a temporary stay, an interlocutory injunction and a permanent injunction against the enforcement of an order of the Interstate Commerce Commission, dated July 9, 1945. This order had been entered in connection with findings by the Commission that certain railroad tarifs were un lawful and that other rates should be prescribed in lieu thereof. Coal to Beloit, Wis., and Northern Illinois, 263 I.C.C. 179.

The complaints requested that the court convene a specially constituted court of three judges, as required by the Urgent Deficiencies Act of October 22, 1913, 38 Stat. 208, 220, 28 U.S.C. § 47, 28 U.S.C.A. § 47, to hear the motions 'for a temporary or interlocutory injunction and for final hearing in this proceeding.' Circuit Judge Evans and Dis- trict Judge Igoe were then assigned to sit with District Judge Baltzell to hear and determine these applictions, and the cases were consolidated for all purposes. The applications for a temporary stay and an interlocutory injunction were assigned for hearing on January 3, 1946. But on that day, it appearing that the Commission had postponed the effective date of its order to April 8, 1946, the court ordered that 'the hearing upon the petitioners' application for an interlocutoryinjunction and temporary stay heretofore assigned and set for January 3, 1946, be and the same hereby is, continued to the day of final hearing herein and that said final hearing shall be had on March 25, 1946 * * *.' The Commission made a further postponement of the effective date of its order to July 8, 1946, in order that the carriers subject to the order might avoid the necessity of preparing and filing new tariffs prior to the termination of the court proceeding. It also appeared that the illness of Judge Baltzell made it impossible for the court to convene as scheduled on March 25. And so that court reassigned the case for trial on April 22, with Judge Baltzell being replaced by Circuit Judge Major.

Argument was held on April 22 before Circuit Judges Evans and Major and District Judge Igoe at the 'final hearing upon the plaintiffs' petitions for a permanent injunction.' On June 5, 1946, findings of fact and conclusions of law were filed and entered under the signatures of Judges Major and Igoe; the Commission's order was sustained in all respects and a judgment was entered dismissing the complaints. The following natation was made in the margin of the findings of fact and conclusions of law: 'Judge Evan A. Evans became ill subsequent to the hearing of these causes and he is and has been unable to participate in a determination thereof. The findings of fact, conclusions of law and judgment have therefore been entered by the remaining judges of such court.'

The case was brought here on direct appeal.¹ We are of the opinion that the District Court's judgment was void, only two of the three judges having participated in the determination of the case. We accordingly do not reach the issues involving the Commission's authority and the merits of its order, issues that have been argued at length before us.

The applicable provisions of the Urgent Deficiencies Act, 38 Stat. 220, 28 U.S.C. § 47, 28 U.S.C.A. § 47, state: '* * * No interlocutory injunction suspending or restraining the enforcement, operation, or execution of, or setting aside, in whole or in part, any order made or entered by the Interstate Commerce Commission shall be issued or granted by any district court of the United States, or by any judge thereof, or by any circuit Judge acting as district judge, unless the application for the same shall be presented to a circuit or district judge, and shall be heard and determined by three judges, of whom at least one shall be a circuit judge, and unless a majority of said three judges shall concur in granting such application. When such application as aforesaid is presented to a judge, he shall immediately call to his assistance to hear and determine the application two other judges. * * * Provided, That in cases where irreparable damage would othrwise ensu e to the petitioner, a majority of said three judges concurring, may, on hearing, * * * allow a temporary stay or suspension, in whole or in part, of the operation of the order of the Interstate Commerce Commission for not more than sixty days * * * and upon the final hearing of any suit brought to suspend or set aside, in whole or in part, any order of said commission the same requirement as to judges and the same procedure as to expedition and appeal shall apply. * * *'

The requirement that three judges hear and determine suits to enjoin or set aside Interstate Commerce Commission orders had its origin in the provisions of the Expediting Act of February 11, 1903, 32 Stat. 823. That Act required three circuit Judges, or two circuit Judges and a district judge, to hear cases brought by the United States to enforce the antitrust and commerce laws. This feature was then extended by the Hepburn Act of 1906, 34 Stat. 584, 592, to all suits brought to enforce or enjoin any order of the Interstate Commerce Commission, 'including the hearing on an application for a preliminary injunction.' The Act of June 18, 1910, 36 Stat. 539, created the Commerce Court and vested in it jurisdiction over suits to enjoin Commission orders; that court was composed of five judges, four of them constituting a quorum and at least three being required to concur in all decisions. Finally, the Urgent Deficiencies Act of 1913 transferred this jurisdiction to three-judge district courts, as detailed above. United States v. Griffin, 303 U.S. 226, 232, 233, 58 S.Ct. 601, 604, 82 L.Ed. 764.

The policy of requiring the deliberation of three judges in suits to enjoin the enforcement of Interstate Commerce Commission orders is thus a well-established one. It is grounded in the legislative desire to guard against ill-considered action by a single judge in the important and complex situations frequently presented by Commission orders. Such matters are deemed to warrant the full deliberation which a court of three judges is likely to secure.

This requirement, of course, is necessarily technical. It is not a broad social measure to be construed with liberality. It is a technical rule of procedure to be applied as such. See Phillips v. United States, 312 U.S. 246, 250— 251, 61 S.Ct. 480, 483, 85 L.Ed. 800. While due consideration must be given to the statutory policy of expediting the disposition of applications en enjoin the enforcement of Commission orders, the plain language of the Urgent Deficiencies Act compels strict adherence to the command that such applications 'shall be heard and determined by three judges, of whom at least one shall be a circuit judge.' And we must insist upon obedience to that legistive will even though the disposition of some applications may thereby be delayed.

When the framers of the Urgent Deficiencies Act declared that these applications 'shall be heard and determined by three judges,' we assume that they meant exactly what they said. The requirement that three judges hear and determine an application means that they must adjudicate the issues of law and fact which are presented by the case, a function which implies that they must weigh the arguments and testimony offered by both sides and vote either to grant or deny the relief sought by the moving party.² In addition, 'Compliance with the statute requires the assent of the three judges given after the application is made, evidence by their signatures or an announcement in open court with three judges sitting, followed by a formal order tested as they direct.' Cumberland Tel. & Tel. Co. v. Louisiana Public Service Commission, 260 U.S. 212, 218, 43 S.Ct. 75, 77, 67 L.Ed. 217. All three judges, in other words, must fully perform the judicial function.³ See Dohany v. Rogers, 281 U.S. 362, 369, 370, 50 S.Ct. 299, 302, 303, 74 L.Ed. 904, 68 A.L.R. 434.

It is significant that this Act makes no provision for a quorum of less than three judges. Two judges of a three-judge circuit court of appeals, on the other hand, ordinarily constitute a statutory quorum for the hearing and determination of cases.⁴ 28 U.S.C. § 212, 28 U.S.C.A. § 212. The absence of such a quorum provision as to three-judge district courts is a strong corroborating indication that participation by all three judges is necessary to render a valid decision. The Act provides, it is true, that a decision may be reached by a three-judge court if a 'majority of said three judges' concur. But that means only that the decision of the three judges need not be unanimous; it does not imply that two judges alone may hear and determine the case.

Moreover, we cannot say that the failure of the third judge to participate in the determination of a case, where the other two are in agreement as to the result, is without significance. The decision reached by two judges is not necessarily the one which might have been reached had they had the benefit of the views and conclusions of the third judge. And should the latter have publicly indicated...