United States v. Alaska Co, No. 541

CourtUnited States Supreme Court
Writing for the CourtDAY
Citation253 U.S. 113,64 L.Ed. 808,40 S.Ct. 448
PartiesUNITED STATES et al. v. ALASKA S. S. CO. et al
Docket NumberNo. 541
Decision Date17 May 1920

253 U.S. 113
40 S.Ct. 448
64 L.Ed. 808
UNITED STATES et al.

v.

ALASKA S. S. CO. et al.

No. 541.
Argued Dec. 16 and 17, 1919.
Decided May 17, 1920.

Page 114

Messrs. Charles W. Needham, of Washington, D. C., and Alexander C. King, Sol. Gen., of Atlanta, Ga., for appellants.

Messrs. Roscoe Hupper, of New York City, and Theodore W. Reath, of Philadelphia, Pa., for appellees.

Mr. Justice DAY delivered the opinion of the Court.

A petition was filed in the United States District Court for the Southern District of New York by numerous interstate carriers and carriers by water against the United States and the Interstate Commerce Commission to set aside an order of the Interstate Commerce Commission dated March 14, 1919, requiring the carriers to use two certain modified bills of landing, one pertaining to domestic and the other to export transportation. The cause came on for hearing upon application for a temporary injunction and upon a motion to dismiss the petition. The hearing was had before three judges, a Circuit Judge and two District Judges. A majority concurred in holding that the Interstate Commerce Commission had no authority to prescribe the terms of carrier's bills of lading, and that in any event there was no power to prescribe an inland bill of lading depriving the carriers of the benefits of certain statutes of the United States limiting the liability of vessel owners. Alaska S. S. Co. v. U. S. (D. C.) 259 Fed. 713. One of the District Judges dissented, holding that the Commission had the power to prescribe bills of lading, and that the particular bills of lading in question were within the authority of the Commission. An order was entered refusing to dismiss the petition, and an injunction pendente lite was granted. From this order an appeal was taken directly to this court under the statute of 1913. 38 Stat. 220.

Page 115

It appears that the matter in controversy as to the authority of the Commission and the character of the bills of lading were subjects of much inquiry before the Commission, where hearings were had, and an elaborate report upon the proposed changes in carriers' bills of lading resulted in the adoption by the Commission of the two bills of lading. 52 Interst. Com. Com'n R. 671.

Pending this appeal Congress passed on February 28, 1920, the act known as the 'Transportation Act of 1920,' which terminated the federal control of railroads, and amended in various particulars previous acts to regulate...

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204 practice notes
  • Panama Refining Co v. Ryan Amazon Petroleum Corporation v. Same, Nos. 135
    • United States
    • United States Supreme Court
    • January 7, 1935
    ...See California v. San Pablo & T.R. Co., 149 U.S. 308, 314, 13 S.Ct. 876, 37 L.Ed. 747; United States v. Alaska Steamship Co., 253 U.S. 113, 116, 40 S.Ct. 448, 64 L.Ed. 808; Barker Painting Co. v. Local No. 734, Brotherhood of Painters, etc., 281 U.S. 462, 50 S.Ct. 356, 74 L.Ed. 967. If ......
  • Osage Tribe of Indians v. Ickes, Civil Action No. 10787.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 19, 1942
    ...Smith v. Wilson, 273 U.S. 388, 47 S.Ct. 385, 71 L.Ed. 699. Cf. United States and Interstate Commerce Commission v. Alaska Steamship Co., 253 U.S. 113, 40 S.Ct. 448, 64 L.Ed. 808; California Water Service Co. v. Redding, 304 U.S. 252, 255, 58 S.Ct. 865, 82 L.Ed. 1323. 44 Oklahoma Gas & E......
  • PANAMA REFINING CO. v. RYAN
    • United States
    • United States Supreme Court
    • January 1, 1935
    ...for real controversy. See California v. San Pablo & T.R. Co., 149 U.S. 308, 314, 13 S.Ct. 876; United States v. Alaska Steamship Co., 253 U.S. 113, 116, 40 S.Ct. 448; Barker Painting Co. v. Local No. 734, Brotherhood of Painters, etc., 281 U.S. 462, 50 S.Ct. 356. If the government under......
  • Mada-Luna v. Fitzpatrick, MADA-LUN
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 30, 1987
    ...without full briefing. The Supreme Court has aptly stated in United States and Interstate Commerce Commission v. Alaska Steamship Company, 253 U.S. 113, 116, 40 S.Ct. 448, 449, 64 L.Ed. [I]t is a settled principle in this court that it will determine only actual matters in controversy essen......
  • Request a trial to view additional results
204 cases
  • Panama Refining Co v. Ryan Amazon Petroleum Corporation v. Same, Nos. 135
    • United States
    • United States Supreme Court
    • January 7, 1935
    ...See California v. San Pablo & T.R. Co., 149 U.S. 308, 314, 13 S.Ct. 876, 37 L.Ed. 747; United States v. Alaska Steamship Co., 253 U.S. 113, 116, 40 S.Ct. 448, 64 L.Ed. 808; Barker Painting Co. v. Local No. 734, Brotherhood of Painters, etc., 281 U.S. 462, 50 S.Ct. 356, 74 L.Ed. 967. If ......
  • Osage Tribe of Indians v. Ickes, Civil Action No. 10787.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 19, 1942
    ...Smith v. Wilson, 273 U.S. 388, 47 S.Ct. 385, 71 L.Ed. 699. Cf. United States and Interstate Commerce Commission v. Alaska Steamship Co., 253 U.S. 113, 40 S.Ct. 448, 64 L.Ed. 808; California Water Service Co. v. Redding, 304 U.S. 252, 255, 58 S.Ct. 865, 82 L.Ed. 1323. 44 Oklahoma Gas & E......
  • PANAMA REFINING CO. v. RYAN
    • United States
    • United States Supreme Court
    • January 1, 1935
    ...for real controversy. See California v. San Pablo & T.R. Co., 149 U.S. 308, 314, 13 S.Ct. 876; United States v. Alaska Steamship Co., 253 U.S. 113, 116, 40 S.Ct. 448; Barker Painting Co. v. Local No. 734, Brotherhood of Painters, etc., 281 U.S. 462, 50 S.Ct. 356. If the government under......
  • Mada-Luna v. Fitzpatrick, MADA-LUN
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 30, 1987
    ...without full briefing. The Supreme Court has aptly stated in United States and Interstate Commerce Commission v. Alaska Steamship Company, 253 U.S. 113, 116, 40 S.Ct. 448, 449, 64 L.Ed. [I]t is a settled principle in this court that it will determine only actual matters in controversy essen......
  • Request a trial to view additional results

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