U.S. Supreme Court U.S. v. GRIFFIN, 303 U.S. 226 (1938)

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Commission was assailed by a supplemental bill on the same grounds as that assailed in the original bill. The jurisdiction of the court was not challenged; the case was again heard on the merits by three judges; and a decree was entered setting aside the order of February 4, 1936, and directing the Commission to take 'such further action in the premises as the law requires in view of the annulment and setting aside of' the order.

From that decree the United States and the Interstate Commerce Commission have appealed to this Court. Here, although answering to the merits, they challenged the jurisdiction of the District Court. Since lack of jurisdiction of a federal court touching the subject matter of the litigation cannot be waived by the parties, we must upon this appeal examine the contention; and, if we conclude that the District Court lacked jurisdiction of the cause, direct that the bill be dismissed. United States v. Corrick, 298 U.S. 435, 440, 56 S.Ct. 829, 831. We at first thought that the District Court had jurisdiction, and ordered a reargument of the case on the merits. But, upon further consideration of the jurisdictional question, we are of opinion that the remedy provided by the Urgent Deficiencies Act is not applicable to this order.

First. The Railway Mail Pay Act, terminated the system theretofore prevailing of service under voluntary contracts. [Footnote 2] As embodied in United States Code, title 39,

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from the appropriation for inland transportation by railroad routes such rate or compensation.' 39 U.S.C. 551, 39 U.S.C.A. 551.

Eleven sections of the act deal with the procedure on hearings before the Commission. [Footnote 3] No provision is made for a judicial review. But provision is made for administrative review by 're-examination' of an order. 'Either the Postmaster General or any such carrier may at any time after the lapse of six months from the entry of the order assailed apply for a re-examination and thereupon substantially similar proceedings shall be had with respect to the rate or rates for service covered by said application, provided said carrier or carriers have an interest therein.' 39 U.S.C. 553, 39 U.S.C.A. 553.

There have been many administrative reviews by 're-examination.' [Footnote 4] The case at bar appears to be the only

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as amended, 45 Stat. 978, 48 Stat. 968, 49 U.S.C.A. 153, of which jurisdiction was taken although the statutes contained no provision for judicial review. [Footnote 5]

In Great Northern Ry. Co. v. United States, 277 U.S, 172, 48 S.Ct. 466, we held that there was not jurisdiction under the Urgent Deficiencies Act of a suit to set aside an order of the Interstate Commerce Commission made under title 2 of the Transportation Act of 1920, 41 Stat. 457, determining the amount due a railroad on the Government's guaranty of income for the period following relinquishment of federal control. And in United States v. Los Angeles & Salt Lake R. Co., 273 U.S. 299, 47 S.Ct. 413, we held that there was not jurisdiction under the Urgent Deficiencies Act, 28 U.S.C.A. 43-48, 214, of a suit to set aside a final order under the Valuation Act, even though that statute was enacted as an amendment to the Interstate Commerce Act itself. 37 Stat. 701, as amended, 41 Stat. 456, 474, 493, 42 Stat. 624, 49 U.S.C.A. 1 et seq. [Footnote 6]

In recent years the field of administrative determination has been widely extended; and the duty of making many of these determinations has been imposed upon the Interstate Commerce Commission. [Footnote 7] Some of the statutes contain specific provision making applicable ju-

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Communications Commission.)8 The orders for which review is provided by each of these statutes are like the orders under the Interstate Commerce Act fixing rates payable by shippers. Improper injunctive relief of such orders or delay in final determination of their validity may seriously affect the public interest by preventing or obstructing action under those statutes.

While the compensation fixed in a railway mail pay order is ordinarily measured by a rate, the ultimate question determined by the Commission is, as in the Great Northern Case, the proper compensation to be paid by the Government to the railroad for services and the use of its property-the quantum meruit for carrying the mail. There is nothing in the history of the Railway Mail Pay Act which requires that the Urgent Deficiencies Act be made applicable to the determination of the validity of such orders. [Footnote 9]

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United States. [Footnote 11] And the United States can be sued only when authority so to do has been specifically conferred. The Railway Mail Pay Act does not confer that authority.

Decree reversed, with direction to the District Court to dismiss the bill without costs to either party.

Mr. Justice BLACK agrees with the result and fully with all of the opinion except paragraph Fourth.

Mr. Justice CARDOZO and Mr. Justice REED took no part in the consideration or decision of this case. Footnotes

Footnote 1 'The Postmaster General is authorized and directed to adjust the compensation to be paid to railroad companies for the transportation and handling of the mails and furnishing facilities and services in connection therewith upon the conditions and the rates hereinafter provided.' 39 U.S.C. 524, 39 U.S.C.A. 524.'All railway common carriers are hereby required to transport such mail matter as may be offered for transportation by the United States in the manner, under the conditions, and with the service prescribed by the Postmaster General and shall be entitled to receive fair and reasonable compensation for such transportation and for the service connected therewith.' 39 U.S.C. 541, 39 U.S.C.A. 541.

Footnote 2 Prior to the Act of 1916, the carriage of mail by railroads-with the exception of some aided by land grant-was held to be not compulsory 'at adequate compensation to be judicially determined,' Atchison, Topeka & Santa Fe Ry. v. United States, 225 U.S. 640, 650, 32 S.Ct. 702, but under contracts voluntarily entered into with the Postmaster General. New York New Haven & Hartford R. Co., v. United States, 251 U.S. 123, 127, 40 S.Ct. 67. For the legislation prior to 1916 concerning compensation of railroads for carrying the mail, see Railway Mail Pay, 56 I.C.C. 1, 3-7. For the several proposals prior to 1916 to modify the laws governing such transportation, see Report of Postmaster General to Congress August 12, 1911, H.R.Doc. 105, 62d Congress, 1st Session; Senate Bill 7371, House Bill 23721, 62d Congress, 2d Session; Railway Mail Pay, Report of Joint Committee on Compensation for the transportation of the Mail, August 31, 1914, H.R.Doc. 1155, 63d Congress, 2d Session; Senate Bill 6405, House Bill 17042, 63d Congress, 2d Session; Senate Bill 4175, House Bill 10242, 64th Congress, 1st Session.

Footnote 3 Section 544, 39 U.S.C.A. provides: 'The procedure for the ascertainment of said rates and compensation shall be as provided in sections 545 to 554 of this title;' and section 554, 39 U.S.C.A. provides: 'For the purposes of sections 524 to 568 of this title the Interstate Commerce Commission is hereby vested with all the powers which it is authorized by law to exercise in the investigation and ascertainment of the justness and reasonableness of freight, passenger, and express rates to be paid by private shippers.'

Footnote 4 The first order fixing compensation for transportation of mail was made by the Commission December 23, 1919. Railway-Mail Pay, 56 I.C.C. 1. By it rates were fixed on the general system of flat rates on a space basis, with higher rates for certain short lines less than 100 miles in length. Since then the Commission has made orders on applications for re- examination under 39 U.S.C. 553, 39 U.S.C.A. 553, in many cases. Railway Mail Pay, New England Lines, 85 I.C.C. 157, on reargument, 95 I.C. C. 204, 104 I.C.C. 521; Railway Mail Pay, Certain Intermountain and Pacific Coast Short-Line Railroads, 95 I.C.C. 493, on reargument, 104 I.C. C. 521; Railway Mail Pay, Woodstock Ry. Co. et al., 96 I.C.C. 43, on reargument, 104 I.C.C. 521; Railway Mail Pay, Canadian Nat. Ry. et al., 109 I.C.C. 13; Railway Mail Pay, Alabama, Tenn. & No. Ry., 112 I.C.C. 151; Railway Mail Pay, Certain Intermountain and Pacific Coast Short Line Railroads, 120 I.C.C. 439, on reconsideration, 151 I.C.C. 734; Railway Mail Pay, Winston-Salem Southbound Ry., 123 I.C.C. 33; Railway Mail Pay, 144 I.C.C. 675; Railway Mail Pay, 151 I.C.C. 734; Railway Mail Pay, Georgia & Florida R.R., 192 I.C.C. 779, on rehearing, 214 I.C.C. 66.

A number of other decisions relating to railway mail pay have also been made. Railway Mail Pay, Certain Short Lines, 165 I.C.C. 774; Railway Mail Pay, Jacksonville & H.R.R. et al., 174 I.C.C. 781; Railway Mail Pay, Illinois Terminal Co., 174 I.C.C. 796; Railway Mail Pay, Macon, D. & S.R.R. et al., 185 I.C.C. 715; Railway Mail Pay, New Jersey & N.Y.R.R., 198 I.C.C. 504; Railway Mail Pay, Piedmont & No. Ry., 216 I.C.C. 467.

Similar orders have been entered under the Electric Railway Mail Pay Act, 40 Stat. 742, 748, 39 U.S.C.A. 570. Electric Railway Mail Pay, 58 I. C.C. 455; Electric Railway Mail Pay, 98 I.C.C. 737. Compare Transmission of Mail by Pneumatic Tubes in the City of New York, 85 I.C.C. 207.

Footnote 5 United States v. Baltimore & Ohio R. Co., , 55 S.Ct. 268; United States v. Illinois Central Ry., 291 U.S. 457, 54 S.Ct. 471; compare Mississippi Valley Barge Line Co. v. United States, 292 U.S. 282, 54 S.Ct. 692.

Footnote 6 Compare United States v. Illinois Central Ry. Co., 244 U.S. 82, 37 S.Ct. 584; Delaware & Hudson Co. v. United States, 266 U.S. 438, 45 S.Ct. 153; United States v. Atlanta, B. & C. Ry. Co., 282 U.S. 522, 51 S.Ct. 237.

Footnote 7 Among the statutes delegating to the Commission administrative duties in addition to those which it performs under the Interstate Commerce Act are: Postal Service: Railway Mail Pay Act, 39 Stat. 412, 425, 430; Electric Railway Mail Pay Act, 40 Stat. 742, 748; New York City Pneumatic Tube Mail Pay Act, 42 Stat. 652, 661; Fourth Class Mail Regulations Act, 43 Stat. 1053, 1067, as amended, 45 Stat. 940, 942, 39 U.S.C. A. 247, 293, 293a; Air Mail Act, 48 Stat. 933, 935, as amended, 48 Stat. 1243, 49 Stat. 614, 39 U.S.C.A. 469a, 469d et seq. Railroad Operation: Safety Appliance Act, 27 Stat. 531, as amended, 32 Stat. 943, 36 Stat. 298, 49 U.S.C.A. 11-16; Boiler Inspection Act, 36 Stat. 913, 914, as amended, 38 Stat. 1192, 43 Stat. 659, 45 U.S.C.A. 22 et seq.;

Locomotive Ash Pan Act, 35 Stat. 476, 45 U.S.C.A. 17-21; Accident Investigation Act, 36 Stat. 350, 351, 45 U.S.C.A. 38 et seq.; Hours of Service Act, 34 Stat. 1415, 45 U.S.C.A. 61, 62, 63 and note, 64; Railway Labor Act, 44 Stat. 577, as amended, 48 Stat. 1185, 49 Stat. 1189, 45 U.S.C.A. 181 et seq.; Transportation Act of 1920, title 2, 41 Stat. 456, 457, as amended, 44 Stat. 1450; Emergency Railroad Transportation Act of 1933, 48 Stat. 211, 216, as amended, 49 Stat. 376, 49 U.S.C.A. 264a, 267a. Railroad Finance: Clayton Antitrust Act, 38 Stat. 730, 734, as amended, 43 Stat. 939, 48 Stat. 1102, 15 U.S.C.A. 21 and note; Reconstruction Finance Corporation Act, 47 Stat. 711, as amended, 48 Stat. 20, 99, 120, 1109, 49 Stat. 1, 796, 50 Stat. 5, 357; Bankruptcy Act 77, 47 Stat. 1474, as amended, 49 Stat. 911, 1960, 11 U.S.C.A. 205. Miscellaneous: Transportation of Explosives Act (Criminal Code, 233), 35 Stat. 554, 555, as amended, 35 Stat. 1088, 1135, 41 Stat. 1445, 18 U.S.C.A . 383; Standard Time Zone Act, 40 Stat. 450, 15 U.S.C.A. 261; St. Louis Bridge Act, 43 Stat. 7, 8; Inland Waterways Corporation Act, 43 Stat. 360, as amended, 45 Stat. 978, 48 Stat. 968, 49 Stat. 958, 49 U.S.C.A. 153; Radio Act of 1927, 44 Stat. 1162, 1173, superseded by 48 Stat. 1064, 47 U.S.C.A. 151 et seq.; Motor Carrier Act of 1935, 49 Stat. 543, 550, 49 U.S.C.A. 305(h).

Although enacted as Part 2 of the Interstate Commerce Act, the Motor Carrier Act of 1935 is included in this list because it seems more properly classified as a complete and independent statute than as merely an amendment to the Act of 1887.

Footnote 8 Compare Merchant Marine Act of 1936, 49 Stat. 1985, 1987, 46 U.S.C. A. 1114 (United States Maritime Commission). A similar procedure has also been provided for certain suits to enjoin the enforcement or operation of state and federal statutes on the ground that they are unconstitutional. Judicial Code, 266, 36 Stat. 557, 1162, as amended, 37 Stat. 1013, 43 Stat. 938, 28 U.S.C.A. 380; Judiciary Act of 1937, 50 Stat. 751, 752, 28 U.S.C.A. 349a, 380a.

Footnote 9 The provision calling for the Interstate Commerce Commission to fix the rates at which the mail is to be carried was introduced in the Senate as an amendment to the bill by Senator Cummins of Iowa. In answer to questions as to 'whether the amendment provides for an appeal in this case as in other rate-making cases before the Interstate Commerce Commission,' he stated: 'I think it would permit the same review. ... There would be the same remedy precisely under my amendment for the railway companies that now exists in the case of the establishment of a rate for a private shipper. ... It is provided for in just the same way the present law does.' 53 Cong.Rec., 9694-95. No further reference to judicial review occurs in the debates on this provision in either House; and no reference to judicial review was made in the report of the Committee of either House, nor in that of the Conference Committee whose recommendations were adopted. See Sen.Rep. 459, H.R.Rep. 91, H.R.Rep. 981, 64th Cong., 1st Sess.

Footnote 10 Other decisions of the Court of Claims under the Railway Mail Pay Act of 1916, 39 Stat. 412, are: Chicago & E.I. Ry. v. United States, 63 Ct. Cl. 585; Nevada County N.G.R. Co. v. United States, 65 Ct.Cl. 327; Chicago & E.I. Ry. Co. v. United States, 72 Ct.Cl. 407; Macon, D. & S.R. Co. v. United States, 78 Ct.Cl. 251; Id., 79 Ct.Cl. 298. Compare Pere Marquette Ry. Co. v. United States, 59 Ct.Cl. 538; New Jersey & N.Y.R. Co. v. United States, 80 Ct.Cl. 243.

Footnote 11 Compare Judicial Code 211, 36 Stat. 542, 1150, as amended, 38 Stat. 219, 28 U.S.C. 48, 28 U.S.C.A. 48; Lambert Run Coal Co. v. Baltimore & Ohio R. Co., 258 U.S. 377, 382, 42 S.Ct. 349, 351.