United States v. Archibald Neil Sons Co, 444

• Decision Date: 02 March 1925
• Docket Number: No. 444,444
• Citation: 69 L.Ed. 620,45 S.Ct. 258,267 U.S. 302
• Parties: UNITED STATES v. ARCHIBALD McNEIL & SONS CO., Inc
• Court: U.S. Supreme Court

267 U.S. 302

45 S.Ct. 258

69 L.Ed. 620

UNITED STATES

v ARCHIBALD McNEIL & SONS CO., Inc.

No. 444.

Argued Jan. 9, 1925.

Decided March 2, 1925.

Mr. Alfred A. Wheat, of New York City, and the Attorney General, for the United States.

[Argument of Counsel from page 303 intentionally omitted]Mr. George Demming, of Philadelphia, Pa., for defendant in error.

Mr. Justice McREYNOLDSdelivered the opinion of the Court.

Seeking to recover $17,422.32 as compensation for 3,840.9 tons of bituminous coal, defendant in error, a Connecticut corporation, instituted this action against the United States by filing statement of claim in the United States District Court, Eastern District of Pennsylvania.

It alleged:

That jurisdiction of the action arises under the Fifth Amendment and the tenth section of the Lever Act. 40 Stat. 276, 279, c. 53(Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 3115 1/8 ii).

That the coal in question had been shipped from the mines under valid contracts during the first part of October, 1919, was owned by the claimant, and prior to October 30, 1919, was at Port Richmond piers, Philadelphia, or at Port Reading piers, New Jersey.

That 'by virtue of the authority conferred by the aforesaid act of Congress, the President of the United States, acting by and through the Fuel Administrator at Port Richmond piers, Philadelphia, or at Port Reading piers, New Jersey, commandeered and requisitioned' this coal during November and December, 1919.'The said coal was commandeered and requisitioned from or through the Commissioner of the Tidewater Coal Exchange, the superintendent of transportation of the Philadelphia & Reading Railroad Company, the shipping and freight agent of the United States Railroad Administration at Port Reading terminal piers, New Jersey, the Bituminous Coal Distribution Committee, the Regional Coal Committee, the Philadelphia & Reading Railroad Company, the Port Reading Railroad Company, the federal treasurer at Port Reading terminal piers of the United States Railroad Administration, and the Jamison Coal & Coke Company, the vendors of the said coal to the plaintiff.All of the aforesaid coal was received, accepted, retained and used by the United States of America, and used in the operation of various railroads, to wit: Boston & Maine Railroad, Maine Central Railroad—which said use was a public use connected with the common defense.'

That the fair and reasonable value of the coal was $4.536 per ton f. o. b. the mines; that nothing has been paid to claimant on account of said coal so commandeered and requisitioned, and it should have judgment for the value thereof with interest.

A motion by the United States, to dismiss the action upon the ground that the claimant was a citizen of Connecticut and therefore the court lacked jurisdiction, was overruled.Thereupon the United States interposed a demurrer, and set up that the court had no jurisdiction of the cause; that the statement of claim showed no cause of action; that under the Lever ActDistrict Courts of the United States have jurisdiction of actions only after determination by the President of the value of the property taken, expression of dissatisfaction by the owner, and payment of 75 per centum of the determined amount; that the complaint sets forth a diversion of coal under section 25 of the Lever Act(Comp. St. 1918, Comp. St. Am. Supp. 1919, § 3115 1/8 q), not a requisition under section 10, and that the remedy, if any, was to sue the Agent designated by...