City of Yonkers v. United States
City of Yonkers v. United States
Opinion of the Court
delivered the opinion of the Court.
The Interstate Commerce Act confers upon the Interstate Commerce Commission authority to issue certificates
The New York Central Railroad Co. filed an application with the Commission for a certificate under § 1 (18)-(20) of the Act authorizing it to abandon an electric branch line extending 3.1 miles from Van Cortlandt Park Junction, New York City, to Getty Square, Yonkers, New York. This line was constructed in 1888 by a predecessor company for the purpose of developing suburban business between Yonkers and New York City. The line was electrified ha 1926 with the hope that the surburban business would increase. It is now a physical part of the New York Central’s Putnam Division with which it connects at Van Cortlandt Park Junction. The Putnam Division in turn connects with the Hudson Division which is part of the main line of the New York Central from New York City to Chicago. The Pludson Division follows the east bank of the Hudson River through Yonkers to Albany. The Putnam Division extends north from Sedgwick Avenue and West 161st Street, New York City, through Yonkers to Brewster, New York. The Putnam Division lies east of, and is roughly parallel with, the Hudson Division. In the City of Yonkers the two divisions are about a mile apart. The electric line in question is between the Hudson and Putnam Divisions. Getty Square, its terminal in Yonkers, is .3 mile east of the Yonkers station on the Hudson Division. The New York Central system is for the most part operated by steam. Some portions of its lines are electrified, including the Hudson Division be
This Yonkers electric branch handles no freight, mail, express, or milk traffic and no industries are dependent on it for such service. Its traffic is exclusively passenger traffic, principally commuter travel between Getty Square and three other stations in Yonkers and Grand Central Station in New York City. The trains serving stations on this Yonkers electric branch do not go through to Grand Central Station on account of the congested condition of the main-line tracks funnelling into Grand Central Station. Accordingly, these trains run only from Getty Square to Van Cortlandt Park Junction and thence over the main line of the Putnam Division to the terminal at Sedgwick Avenue. Passengers from Yonkers to Grand Central Station must transfer to Hudson Division trains at either High Bridge or University Heights stations which are north of the Sedgwick Avenue Station. Tariffs of the New York Central provide for one-way, monthly-commutation, and other tickets usable between the stations in Yonkers and Grand Central Station. Time tables of the New York Central disclose the service on this electric branch. And its operating results are reflected in the accounts of the New York Central.
The trains running on this electric branch are composed of two, three or four cars. The trains are hauled not by a locomotive but by so-called multiple unit cars. The structure of the line is such that locomotives cannot be used on it. The trains on this electric branch proceed only to Getty Square, Yonkers, and not beyond.
The Commission though adverting to a number of the facts which we have mentioned did not address itself to
This suit to enjoin the order of the Commission, brought before a District Court of three judges (38 Stat. 219, 220, 28 U. S. C. § 47) was initiated by the Public Service Commission of New York, the City of Yonkers, and a committee of Yonkers commuters.
The District Court in sustaining the order of the Commission, reviewed the evidence and concluded that the operation of this electric branch was “intertwined with the operation of the system as a whole.” It relied especially on the fact that the bulk of the traffic on this electric branch transfers at High Bridge or University Heights
The Commission itself has noted that in the “construction of these exclusion clauses great difficulty has been experienced, particularly in determining the roads properly classifiable as interurban electric railways.” Annual Report (1928), p. 80. That difficulty is apparent here by the division of opinion which exists in the Court whether this Yonkers branch is an “interurban electric” railway which is “operated as a part” of the New York Central system.
Congress has withheld from the Commission any power to authorize abandonment of certain types of railroad lines. . It is hardly enough to say that the Commission’s orders may be set aside by the courts where the Commission exceeds its authority. The Commission has a special competence to deal with the transportation problems which are reflected in these questions. The Congress has entrusted to the Commission the initial responsibility for determining through application of the statutory standards the appropriate line between the federal and state domains. Proper regard for the rightful concern of local interests in the management of local transportation facilities makes desirable the requirement that federal power -be exercised only where the statutory authority affirmatively appears. The sacrifice of these legitimate local interests may be as readily achieved through the Commission’s oversight or neglect (Illinois Commerce Commission v. Thomson, 318 U. S. 675) as by.improper findings. The insistence that the Commission make these jurisdictional
We are asked to presume that the Commission, knowing the limit of its authority, considered this jurisdictional question and decided to act because of its conviction that this branch line was not exempt by reason of § 1 (22). But that is to deal too cavalierly with the Congressional mandate and with the local interests which are pressing for recognition. Where a federal agency is authorized to invoke an overriding federal power except in certain prescribed situations and then to leave the problem to traditional state control, the existence of federal authority to act should appear affirmatively and not rest on inference alone.
This is not to insist on formalities and to burden the administrative process with ritualistic requirements. It entails a matter of great substance. It requires the Commission to heed the mandates of the Act and to make the expert determinations which are conditions precedent to its authority to act.
We intimate no opinion on the merits of the controversy. For in absence of the requisite jurisdictional findings we think the order of the Commission should have been set aside.
Reversed.
The certificate authorizes a complete abandonment of the Yonkers branch, including dismantlement and salvaging.
The Public Service Commission of New York, which took the lead in attacking the order of the Commission before the District Court but which has not appeared here, asserted in its complaint that authority to discontinue the four stations was required by New York law but had not been sought or obtained.
Cf. Piedmont & Northern R. Co. v. Interstate Commerce Commission, 286 U. S. 299, 307, and United States v. Chicago North Shore & M. R. Co., 288 U. S. 1, 9-12, which emphasize in determining the status of independent electric roads the dominance of interurban passenger service and the preponderance of local traffic.
For cases dealing with the exception of suburban or interurban electric railways where the Commission has passed on the jurisdictional quéstion'see In the Matter of Michigan United Rys. Co., 67 I. C. C. 452; Abandonment of Line by Boise Valley Traction Co., 79 I. C. C. 167; Proposed Abandonment by Lewiston & Youngstown Frontier Ry. Co., 124 I. C. C. 219; Proposed Construction by Piedmont & Northern Ry. Co., 138 I. C. C. 363, 372; Unified Operation at Los Angeles Harbor, 150 I. C. C. 649, 661; Glendale & Montrose Ry. Proposed Abandonment, 166 I.C. C-625.
The requisite finding was made by the Commission in the Oregon Short Line case (193 I. C. C. 697/705) in which'the order of the Commission wag set aside by United States v. Idaho, supra.
Dissenting Opinion
dissenting:
Congress has empowered the Interstate Commerce Commission to authorize a railroad, when public convenience permits, to abandon any portion of its line. But when such portion is a suburban or interurban electric railway, abandonment may be authorized only if it is part of a general steam railroad system of. transportation.
But the Court does not decide on the merits. In effect, it remits the controversy to the Interstate Commerce Commission on the ground that the Commission did not make a formal finding, described as “jurisdictional,” that the Yonkers branch was in fact “operated as a part . . . of a general steam railroad system of transportation.” The Commission may very well now formally make such a finding of a connection between the Yonkers branch and the New York Central, which in fact is writ large in the Commission’s report in granting the application for abandonment, and the weary round of litigation may be re
. This seems to me all the more called for since I find no defect in the foundation of the Commission’s order. No doubt the Interstate Commerce Commission like other administrative agencies should keep within legal bounds and courts should keep them there, in so far as Congress has entrusted them with judicial review over administrative acts. Of course when a statute makes indispensable “an express finding,” an express finding is imperative, see Wichita Railroad & Light Co. v. Public Utilities Comm’n, 260 U. S. 48, 59. But-'.the history of the Interstate Commerce Act and its amendments illumine the different legal functions expressed . by . the term findings. When Congress exacts-from the Commission formal findings there is'an end to the'mátter.. For certain duties of the Commission and at certain stages in the history of the Interstate Commerce Act, Congress did require formal findings, but experience led Congress later to dispense with, such formal requirements. See Manufacturers Ry. Co. v. United States, 246 U. S. 457, 489-90. But courts have also spoken of the need of findings as the basis of validity of an order by the Interstate Commerce Commission in the absence of a Congressional direction for findings: The requirement of findings in such a context is merely part of the need for courts to know what it is that the Commission has really determined in order that they may know what to review. ; “We must know what a decision means before the duty becomes ours to say whether it is right or
This is the real ground for the decisions which have found Interstate Commerce Commission orders wanting in necessary findings. They have all been cases where the determination of an issue is not open to independent judgment by this Court, and where the case as it came here rested on conflicting inferences of fact left unresolved by the Commission. Such were the circumstances, for instance, in Florida v. United States, 282 U. S. 194, particularly at 214-215, and United States v. Baltimore & Ohio R. Co., 293 U. S. 454, 455, particularly at 463-464. Findings in this sense is a way of describing the duty of the Commission to decide issues actually in controversy before it. Analysis is not furthered by speaking of such findings as “jurisdictional” and not even when — to adapt a famous phrase — jurisdictional is softened by a quasi. “Jurisdiction” competes with “right” as one of the most deceptive of legal pitfalls. The opinions in Crowell v. Benson, 285 U. S. 22, and the casuistries to which they have given rise bear unedifying testimony of the morass into which one is led in working out problems of judicial review over administrative decisions by loose talk about jurisdiction.
The nub of the matter regarding the requirement of findings, where the formal making of them is not legislatively commanded, is indicated in United States v. Louisiana, 290 U. S. 70. Reviewing the validity of the Commission’s order is the serious business of sitting in judgment upon a tribunal of great traditions and large responsibility. An order of the Commission should not be viewed in a hypercritical spirit nor even as though elegan-tia juris were our concern. We should judge a challenged order of the Commission by “the report, read as a whole,” 290 U. S. supra at 80, and by the record as a whole out of which the report arose.
Can there be any doubt that this contention was not put to the Commission because it was an afterthought? This issue was never tendered to the Commission because the facts which deny it were never questioned in the proceedings conducted before it with vigor and ability by several protestants during the three successive stages that preceded a challenge in the courts.
The case is now sent back to the Commission. The facts regarding the relation of the Yonkers branch to the New York Central are spread at large upon the record and are not in controversy. In view of the three proceedings before the Commission it is reasonable to assume that the Commission will add to its report the formal finding now requested of it. If the case then returns here I find it too hard to believe that this Court would reject the conclusion of the Commission and of the lower court that the Yonkers branch is an operating part of the New York Central
Due concern for local interests in the administration of the Interstate Commerce Act hardly calls for an exaggerated concern for formal findings. The Interstate Commerce Act relies primarily on state authorities for the safeguarding of local interests. It is therefore relevant to note that the New York Public Service Commission, which is charged with the duty of protecting the local interests of New York against federal encroachments and which does not appear to have been unalert in doing so, has acquiesced in the decision below and is not here urging the local interest on which the decision of this Court seems to be based. That the state agency had best be looked to for the vindication of conflicting local interests within a state is well illustrated by the fact that while the City of Yonkers protested against the abandonment of the branch line, the City of New York urged it.
Reference
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- CITY OF YONKERS Et Al. v. UNITED STATES Et Al.
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