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U.S. Supreme Court

Texas v. Interstate Commerce Comm'n, 258 U.S. 158 (1921)

Texas v. Interstate Commerce Commission

No. 24, Original

Argued on motions to dismiss December 7, 8, 1921

Decided March 6, 1922

258 U.S. 158


1. Regarded as corporate entities created for governmental purposes, the Interstate Commerce Commission and the Railroad Labor Board are not citizens of any state. P. 258 U. S. 160.

2. Abstract questions of the power of Congress to enact specified legislation do not present a case or controversy within the judicial power as defined by the Constitution. P. 258 U. S. 162.

3. A suit by a state against the Railroad Labor Board and the Interstate Commerce Commission seeking to annul action taken by them under the Transportation Act of 1920 as an unconstitutional invasion of the rights of the state, injurious to her citizens, held not to be entertained by this Court in the exercise of its original jurisdiction where the decisions and orders complained of had been put in execution, and their annulment would directly and unavoidably affect resulting interests of carriers and carrier employees who were not parties or represented in the litigation. P. 258 U. S. 163.

4. That the citizenship of such necessary parties prevents their being joined will not justify proceeding in their absence. P. 258 U. S. 163.

5. A suit by a state to set aside orders of the Interstate Commerce Commission must be brought in the district court, and the United States must be made a defendant. P. 258 U. S. 164. North Dakota v. Chicago & Northwestern Ry. Co., 257 U. S. 485.

Bill dismissed. chanroblesvirtualawlibrary

Page 258 U. S. 159

On motions to dismiss an original bill in this Court, brought by the State of Texas against the Interstate Commerce Commission and the Railroad Labor Board, and seeking to have declared unconstitutional certain portions of the Transportation Act of 1920, to annul all action taken thereunder by either defendant in respect of railroad carriers in Texas, and to restrain the defendants from taking any further action thereunder in respect of those carriers.

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