United States ex rel. Louisville Cement Co. v. Interstate Commerce Commission
United States ex rel. Louisville Cement Co. v. Interstate Commerce Commission
Opinion of the Court
delivered the opinion of the Court:
It appears from the foregoing statement that the Interstate Commerce Commission entertained the petition of the relator, awarding the payment of a part of his damages but denying the sum of $1,335.25 for excess charges for freight delivered from July 22, 1906, to February 10, 1907, because, in the opinion of the Commission that payment was barred by limitation, which it held had begun to run from the date of the delivery of the freight instead of from the date of payment. The relator’s contention is that the Interstate Commerce Commission declined to take jurisdiction of the claim for $1,335.25 by reason of its error in the determination of the limitation. It construes the recital that this claim is barred from consideration in the opinion to be a refusal to take jurisdiction of that part of the claim, and that it may, therefore, be compelled by mandamus to assume such jurisdiction. Interstate Commerce Commission v. United States, 224 U. S. 474, 56 L. ed. 849, 32 Sup. Ct. Rep. 556. The case cited does not govern this proceeding. In that case the Interstate Commerce Commission declined to take jurisdiction, because, in its opinion, Alaska was not a territory of the United States within the meaning of the Interstate Commerce Act. The court, being of the opinion that Alaska was a territory within the meaning of the amended act, and that the Interstate Commerce Commission was in error in holding that it was not, ordered the writ to issue to compel it to take jurisdiction of the case and to proceed therein as by law required.
The Interstate Commerce Commission is an administrative body with certain judicial functions. In the exercise of these functions, it is called upon to- exercise judgment and discretion. It took jurisdiction of the complaint, but refused the order for the payment of part of the same, because, in its opinion, it was barred by the limitation provided in the act. It was the duty of the Interstate Commerce Commission to determine the question whether the claim was barred by limitation, and it did so
There may have been error in its adjudication of the question of limitation, but that error we cannot review.
The court below was right in dismissing the petition, and its judgment is affirmed, with costs. Affirmed.
Reference
- Full Case Name
- UNITED STATES EX REL. LOUISVILLE CEMENT COMPANY v. INTERSTATE COMMERCE COMMISSION
- Status
- Published
- Syllabus
- Interstate Commerce Commission; Powers; Review; Mandamus. 1. The Interstate Commerce Commission is an administrative body with certain judicial functions, in the exercise of which it is1 called upon to employ judgment and discretion; and these functions include the power to determine whether a shipper’s claim for a refund of overcharges by a carrier are barred by limitation. 2. This court has no supervisory powers over the Interstate Commerce Commission, by which to control its actions upon questions within its jurisdiction. 3. Mandamus is not the proper remedy to control the judgment and discretion of an executive tribunal in the decision of a matter, which is by law imposed upon it. 4. A decision by the Interstate Commerce Commission that a shipper’s claim for a refund of overcharges by a carrier is barred by limitation cannot be reviewed by mandamus. 5. Mandamus cannot be made the substitute for a writ of error.