North Dakota v. Chicago & N.W. Ry. Co., 257 U.S. 485 (1922)

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North Dakota v. Chicago & Northwestern Railway Company

No. 25, Original

Argued on motion to dismiss January 5, 1922
Decided January 23, 1922
257 U.S. 485

IN EQUITY

Syllabus

1. Section 211 of the Judicial Code, requiring that the United States be made a party to any suit to set aside or suspend an order of the Interstate Commerce Commission, and § 208, requiring that such suits be brought in a district court, were not repealed by the Act abolishing the Commerce Court, October 22, 1913, c. 32, 38 Stat. 219. P. 489.

2. The provision that the United States shall be a party (Jud.Code, § 211) was made not as a mere matter of procedure, but in protection of the public interests. P. 90.

3. A state can sue in the district court when the United States is a party and has consented to be sued there and has not expressed its consent to be sued elsewhere. P. 491.

4. A bill brought by a state in this Court against railroad companies to prevent their applying an order of the Interstate Commerce Commission increasing rates within the state dismissed for want of equity, and the plaintiff remitted to its remedy in the district court, upon the grounds that complete justice to the companies, and to the public policy indicated by Jud.Code § 211 so required. P. 490.

Bill dismissed.

Original suit in this Court against the above named and four other railroad companies to restrain them from applying an order of the Interstate Commerce Commission increasing intrastate rates in North Dakota until this Court can review the decision of the Commission and pass upon constitutional questions concerning it.