Ex Parte United States, 226 U.S. 420 (1913)

Ex Parte United States

No. 10, Original

Submitted December 16, 1912
Decided January 6, 1913
226 U.S. 420

PETITION FOR WRIT OF PROHIBITION

Syllabus

Unless the repeal be express or the implication to that end be irresistible, a general law does not repeal a special statutory provision affording a remedy for specific cases. Petri v. Creelman Lumber Co., 199 U.S. 48.

The special provisions of the Expedition Act of February 11, 1903, 32 Stat. 823, c. 544, requiring in a particular class of cases the organization of a court constituted in a particular manner, were not repealed by the Judicial Code of 1911.

The new district court created by the Judicial Code of 1911 is the successor of the formerly existing Circuit Court, and as such is vested with the duty of hearing and disposing of cases under the Expedition Act of 1903, § 291.

Section 291 of the Judicial Code of 1911 expressly confers powers of the Circuit Court upon the now existing district courts.

Under the Expedition Act of 1903 a court composed as required by that act may be organized at the request of the United States to consider the plan to carry out the decree of this Court holding a combination unlawful under the Sherman Anti-Trust Act.

In this case, the district judge having refused to organize a court under the Expedition Act to determine the form of decree to be entered under the mandate of this Court, this Court issues its writ of prohibition directed to the district judge against entering a decree.

The facts, which involve the construction of the Expedition Act of 1903 and the question of whether certain provisions of the Judicial Code of 1911 conflict therewith, are stated in the opinion.