Robertson v. Railroad Labor Board, No. 739

CourtUnited States Supreme Court
Writing for the CourtBRANDEIS
Citation268 U.S. 619,69 L.Ed. 1119,45 S.Ct. 621
Decision Date08 June 1925
Docket NumberNo. 739
PartiesROBERTSON v. RAILROAD LABOR BOARD

268 U.S. 619
45 S.Ct. 621
69 L.Ed. 1119
ROBERTSON

v.

RAILROAD LABOR BOARD.

No. 739.
Argued March 17, 18, 1925.
Decided June 8, 1925.

Page 620

Mr. Donald R. Richberg, of Chicago, Ill., for appellant.

Mr. Robert W. Golding, of Chicago, Ill., for appellee.

Mr. Justice BRANDEIS delivered the opinion of the Court.

Transportation Act Feb. 28, 1920, c. 91, § 310, par. a, 41 Stat. 456, 472 (Comp. St. Ann. Supp. 1923, § 10071 1/4 hhh), authorizes the Railroad Labor Board, 'for the efficient administration of the functions vested in' it, to require by subpoena 'the attendance of any witness * * * from any place in the United States at any designated place of hearing, and the taking of a deposition before any designated person having power to administer oaths.' Paragraph b provides: 'In case of failure to comply with any subpoena [to testify] or in case of the contumacy of any witness appearing before the Labor Board, the Board may invoke the aid of any United States District Court. Such court may thereupon order the witness to comply with the requirements of such subpoena, or to give evidence touching the matter in question, as the case may be.'

Pursuant to paragraph a, the Board issued a subpoena to Robertson, a citizen and inhabitant of Cleveland, Ohio, commanding him to appear at its offices in Chicago, Ill., on a day named, to testify concerning a dispute then being inquired into. The subpoena was served upon

Page 621

Robertson at Cleveland by the United States marshal for the Northern district of Ohio. Robertson did not personally attend as commanded. But on the day named he appeared specially by his attorney, and challenging the jurisdiction of the Board over him, declined to appear and testify. Thereupon this suit was begun by the Board in the federal court for Northern Illinois, Eastern division, pursuant to paragraph b.

The bill prayed that Robertson, the sole defendant, be ordered to appear before the Labor Board 'at a time and place to be fixed by' it and make 'full answer to any and all pertinent questions relating' to the matter under investigation, and for any other proper relief. The court issued, in the form customary in equity, a summons, directing the defendant to appear and answer. This summons was likewise served upon Robertson personally at Cleveland by the United States marshal for the Northern district of Ohio. By his attorney he again appeared specially and moved to quash the service on the ground that, being an inhabitant of Ohio and served there, he was not subject to the jurisdiction of the federal court for Illinois. The motion was overruled; Robertson then moved to dismiss the petition for lack of jurisdiction over the subject-matter of the suit; this motion was also overruled; Robertson declined to plead further; and a final decree was entered directing him 'to appear before the Railroad Labor Board, upon due notice by said Board, at a time and place to be designated therein, there to testify, to give evidence, and to give full, true, and complete answer and response to any and all pertinent and relevant questions then and there propounded to him' concerning the subject-matter of the inquiry. 3 F.(2d). 488. The case is here on appeal under section 238 of the Judicial Code (Comp. St. § 1215), the questions of jurisdiction having been duly certified. Whether the court acquired jurisdiction over Robertson is the only question requiring decision.

Page 622

Robertson contends that by the term 'any United States District Court' Congress meant any such court 'of competent jurisdiction'; and that, under the applicable law, no District Court is of competent jurisdiction to compel a defendant to obey its decree except that of the district of which he is an inhabitant or of one in which he is found. The Board contends that Congress intended by the phrase to confer not only liberty to invoke the aid of the court for any district, but power to compel the person named as defendant to litigate in the district selected by the Board, although he is not a citizen or inhabitant of it and is not found therein. The question presented is one of statutory construction. Congress clearly has the power to authorize a suit under a federal law to be brought in any inferior federal court. Congress has power, likewise, to provide that the process of every District Court shall run into every part of the United States. Toland v. Sprague, 12 Pet. 300, 328, 9 L. Ed. 1093; United States v. Union Pacific R. R. Co., 98 U. S. 569, 604, 25 L. Ed. 143. But it has not done so either by any general law or in terms by section 310 of Transportation Act 1920. The precise question is whether it has impliedly done so by that provision.

In a civil suit in personam, jurisdiction over the defendant, as distinguished from venue, implies, among other things, either voluntary appearance by him or service of process upon him at a place where the officer serving it has authority to execute a writ of summons. Under the general provisions of law, a United States District Court cannot issue process beyond the limits of the district. Harkness v. Hyde, 98 U. S. 476, 25 L. Ed. 237; Ex part Graham, 3 Wash. 456. And a defendant in a civil suit can be subjected to its jurisdiction in personam only by service within the district. Toland v. Sprague, 12 Pet. 300, 330, 9 L. Ed. 1093. Such was the general rule established by Judiciary Act Sept. 24, 1789, c. 20, § 11, 1 Stat. 73, 79, in accordance with the practice at the common law. Piquet v. Swan,

Page 623

5 Mason, 35, 39 et seq., Fed Cas. No. 11,134. And such has been the general rule ever since. Munter v. Weil Corset Co., 261 U. S. 276, 279, 43 S. Ct. 347, 67 L. Ed. 652. No distinction has been drawn between the case where the plaintiff is the Government and where he is a private citizen.1

Section 51 of the Judicial Code (Comp. St. § 1033) is a general provision regulating venue. The part pertinent here is that, with certain inapplicable exceptions, 'no civil suit shall be brought in any District Court against any person by any original process or proceeding in any other district than that whereof he is an inhabitant.'2 It is obvious that jurisdiction, in the sense of personal service within a district where suit has been brought, does not dispense with the necessity of proper venue. It is equally obvious that proper venue does not eliminate the requisite of personal jurisdiction over the defendant. The general provision as to venue contained in Judicial Code, § 51, has been departed from in various specific provisions which allow the plaintiff, in actions not local in their nature, some liberty in the selection of venue.3 Unrestricted choice was conferred upon the Labor Board by the section of Transportation

Page 624

Act 1920, here involved (section 310). So far as venue is concerned, there is no ambiguity in the words 'any United States District Court.'

Congress has also made a few clearly expressed and carefully guarded exceptions to the general rule of jurisdiction in personam stated above. In one instance, the Credit Mobilier Act March 3, 1873, c. 226, § 4, 17 Stat. 485, 509, it was provided that writs of subpoena to bring in parties defendant should run into any district. This broad power was to be exercised at the instance of the Attorney Gengeral in a single case in which, in order to give complete relief, it was necessary to join in one suit defendants living in different States. United States v. Union Pacific Railroad, 98 U. S. 569, 25 L. Ed. 143. Under similar circumstances, but only for the period of three years, authority was granted generally by Act Sept. 19, 1922, c. 345, 42 Stat. 849 (Comp. St. Ann. Supp. 1923, § 1035), to institute a civil suit by or on behalf of the United...

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160 practice notes
  • Goldlawr, Inc. v. Heiman, No. 27
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • February 21, 1961
    ...innovation and ought not extend it any further than the statutory language clearly warrants. See Robertson v. Railroad Labor Board, 1925, 268 U.S. 619, 627, 45 S.Ct. 288 F.2d 583 621, 69 L.Ed. 1119; Foster Milburn Co. v. Knight, 2 Cir., 1950, 181 F.2d 949, 952. There is no indication, howev......
  • Arrowsmith v. United Press International, No. 73
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 11, 1963
    ...the settled law, Philadelphia & Reading Ry. Co. v. McKibbin, 243 U.S. 264, 37 S.Ct. 280, 61 L.Ed. 710; Robertson v. Railroad Labor Board, 268 U.S. 619, 45 S.Ct. 621, 69 L.Ed. 1119; and for full explanation and citation, Jaftex Corp. v. Randolph Mills, supra, 2 Cir., 282 F-2d 508, 512, and n......
  • Driver v. Helms, No. 77-1482
    • United States
    • U.S. Court of Appeals — First Circuit
    • May 25, 1978
    ...exceptions, and Congress has, in some cases, authorized service of process beyond state boundaries. See Robertson v. Railroad Labor Board, 268 U.S. 619, 622, 45 S.Ct. 621, 69 L.Ed. 1119 (1925); 4 Wright & Miller, Federal Practice and Procedure, § 1125 (1969); Hart & Wechsler, supra, at 1106......
  • Bd. of Regents of the Univ. of Tex. Sys., Tissuegen, Inc. v. Bos. Scientific Corp., 2018-1700
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • September 5, 2019
    ...courts as it wishes, and to authorize nationwide assertion of jurisdiction by those courts. See, e.g. , Robertson v. R.R. Labor Bd. , 268 U.S. 619, 622, 45 S.Ct. 621, 69 L.Ed. 1119 (1925) ("Congress clearly has the power to authorize a suit under a federal law to be brought in any inferior ......
  • Request a trial to view additional results
160 cases
  • Goldlawr, Inc. v. Heiman, No. 27
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • February 21, 1961
    ...innovation and ought not extend it any further than the statutory language clearly warrants. See Robertson v. Railroad Labor Board, 1925, 268 U.S. 619, 627, 45 S.Ct. 288 F.2d 583 621, 69 L.Ed. 1119; Foster Milburn Co. v. Knight, 2 Cir., 1950, 181 F.2d 949, 952. There is no indication, howev......
  • Arrowsmith v. United Press International, No. 73
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • June 11, 1963
    ...the settled law, Philadelphia & Reading Ry. Co. v. McKibbin, 243 U.S. 264, 37 S.Ct. 280, 61 L.Ed. 710; Robertson v. Railroad Labor Board, 268 U.S. 619, 45 S.Ct. 621, 69 L.Ed. 1119; and for full explanation and citation, Jaftex Corp. v. Randolph Mills, supra, 2 Cir., 282 F-2d 508, 512, and n......
  • Driver v. Helms, No. 77-1482
    • United States
    • U.S. Court of Appeals — First Circuit
    • May 25, 1978
    ...exceptions, and Congress has, in some cases, authorized service of process beyond state boundaries. See Robertson v. Railroad Labor Board, 268 U.S. 619, 622, 45 S.Ct. 621, 69 L.Ed. 1119 (1925); 4 Wright & Miller, Federal Practice and Procedure, § 1125 (1969); Hart & Wechsler, supra, at 1106......
  • Bd. of Regents of the Univ. of Tex. Sys., Tissuegen, Inc. v. Bos. Scientific Corp., 2018-1700
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • September 5, 2019
    ...courts as it wishes, and to authorize nationwide assertion of jurisdiction by those courts. See, e.g. , Robertson v. R.R. Labor Bd. , 268 U.S. 619, 622, 45 S.Ct. 621, 69 L.Ed. 1119 (1925) ("Congress clearly has the power to authorize a suit under a federal law to be brought in any inferior ......
  • Request a trial to view additional results

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