Great Northern Ry. Co. v. United States

• Citation: 22 F.2d 865
• Decision Date: 19 October 1927
• Docket Number: No. 864.,864.
• Parties: GREAT NORTHERN RY. CO. v. UNITED STATES (INTERSTATE COMMERCE COMMISSION, Intervener).
• Court: U.S. District Court — District of Minnesota

22 F.2d 865 (1927)

GREAT NORTHERN RY. CO. v. UNITED STATES (INTERSTATE COMMERCE COMMISSION, Intervener).

No. 864.

District Court, D. Minnesota, Third Division.

October 19, 1927.

F. G. Dorety, of St. Paul, Minn., Thomas Balmer, of Seattle, Wash., and Fletcher Rockwood, of St. Paul, Minn., for petitioner.

Blackburn Esterline, Asst. Sol. Gen., of Washington, D. C., and Lafayette French, Jr., U. S. Atty., of St. Paul, Minn., for the United States.

D. W. Knowlton, of Washington, D. C., for Interstate Commerce Commission.

Before KENYON, Circuit Judge, and MOLYNEAUX and JOHN B. SANBORN, District Judges, sitting pursuant to the Urgent Deficiencies Act of October 22, 1913 (38 Stat. 208, 219 Comp. St. ß 992).

PER CURIAM.

The defendant and intervener moved to dismiss the petition on the ground that the court had no jurisdiction. The court ordered that the question of jurisdiction be first argued and determined, and, after oral argument, fixed the time within which briefs should be filed on that question. Briefs have been filed by the petitioner, by the defendant, by the intervener, and by C. C. Hine, general solicitor, Chicago, Indianapolis & Louisville Railway Company, as amicus curiÊ.

The petitioner, a common carrier, brings this action against the United States of America to enjoin, set aside, annul, and suspend two certificates of the Interstate Commerce Commission of the United States, dated June 17, 1925, and June 8, 1926, respectively, which purport to fix the compensation due to the petitioner under the guaranty of its earnings for the period from March 1, 1920, to September 1, 1920, under the terms of section 209 (41 Stat. 464), and section 212 (41 Stat. 1145, being 49 USCA ß 79; Comp. St. ß 10071ºe1) of the Transportation Act of 1920, and to restrain the defendant from acting thereunder.

The certificate of June 17, 1925, issued under section 209 (g) of the Transportation Act (49 USCA ß 77 Comp. St. ß 10071ºdd), certifies to the Secretary of the Treasury that the amount of $11,178,887.31 is the amount necessary to make good to the petitioner the guaranty provided by said section 209; that the Commission had theretofore certified to the Secretary of the Treasury, as advances under section 209 (h), an aggregate amount of $6,500,000, and, as a partial payment under section 209 (g), as amended by section 212, an amount of $6,000,000, making a total of $12,500,000; that the amount due the United States on account of the overpayment to the petitioner under section 209 (h) is $1,321,112.69.

The certificate of June 8, 1926, entitled "Amended Certificate," certifies that $11,170,214.02 is the amount necessary to make good to the petitioner the guaranty under section 209; that the amount already paid to the petitioner under section 209, and section 209 as amended by section 212, is $12,500,000. The petition alleges that these certificates of the Interstate Commerce Commission are erroneous, and...