Ex Parte Collett
Opinion of the Court
delivered the opinion of the Court.
In this case we must, decide whether the venue provisions of the Judicial Code
The court below found that all 35 witnesses and the petitioner himself live in Irvine, Kentucky, which also was the scene of the accident; that Irvine is 420 miles, “approximately twenty-four hours ... by public transportation,” from East St. Louis, where the court below sits, but only 26 miles from Richmond and 48. from Lexington, in which two cities the District Court for the Eastern District of Kentucky sits. Furthermore, the court below determined that jury schedules at both Richmond and Lexington made early trial possible. Thus concluding that the transfer would serve'the convenience of parties and witnesses, and would be in the interest of
Prior to the current revision of Title 28 of the United States Code, forum non conveniens was not available in Federal Employers’ Liability Act suits. Baltimore & Ohio R. Co. v. Kepner, 314 U. S. 44 (1941); Miles v. Illinois Central R. Co., 315 U. S. 698 (1942); see Gulf Oil Corp. v. Gilbert, 330 U. S. 501, 505 (1947). The new Code, however, provides that “For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” This is § 1404 (a). The reviser’s notes, which accom
First. The court below relied on the language of § 1404 (a), supra, which it regarded as “unambiguous, direct, clear.” We agree. The reach of “any civil action”
The only suggestion petitioner offers in this regard is that “any civil action” embraces only those actions for which special venue requirements are prescribed in §§ 139L-1403 of Revised Title 28,
Second. Although petitioner wishes to restrict the literal meaning of “any civil action,” he would expand the sense of “may transfer ... to any other district or division where it might have been brought” beyond the exact scope of those words. Obviously, the express language gives no clue as to where the action “might have been brought.” . Yet the essence of petitioner’s position is that the order below, transferring his suit, effects a repeal of § 6 of the Federal Employers’ Liability Act, which granted him the right to sue in -any district “in which the defend
Section 6 of the Liability Act defines the proper forum; § 1404 (a) of the Code deals with the right to transfer an action properly brought. The two sections deal with two separate and distinct problems.
The Code,, therefore, does not repeal § 6 of the Federal Employers’ Liability Act. We agree with petitioner that Congress had no such intention, as demonstrated by its failure to list the sefetion in the meticulously prepared schedule of statutes repealed.
Third. Petitioner’s chief argument proceeds not from one side or the other of the literal boundaries of § 1404 (a), but from its legislative history.. The short answer is that there is no need to refer to the. legislative history where the. statutory language is clear. “The plain words and meaning of a statute cannot be overcome by a legislative history which, through strained processes of deduction from events of wholly ambiguous significance, may furnish dubious bases for inference in every direction.”. Gemsco v. Walling, 324 U. S. 244, 260 (1945). This canon of construction has received consistent adherence in our decisions.
Nevertheless, we need not rest our decision on it solely. For the legislative history does not support petitioner’s position. Petitioner’s argument is based on these twin premises: Congress intendéd no “controversial change” to be incorporated in the Code; and § 1404 (a) is such a change.
Petitioner does not offer any definition of “controversial,” but he does point to one concreté example of what he regards as a. “controversial” measure. This is the
This was scarcely hasty, ill-considered legislation. To the contrary, it received close and prolonged study. Five years of Congressional attention supports the Code.
That these experts assisted in drafting the Code does not mean that Congress blindly approved what outsiders did. This is demonstrated, for example, by the statement of Representative Robsion, Chairman of the House Judiciary Subcommittee, at the hearing conducted by his
" Petitioner almost seems to imply that this very careful Committee consideration vitiates the legislation. But the Committee system is integral in typical legislative procedure; Congress could not function without it.
The experts and the Committees did not attempt to conceal the proposed revisions. “The committee on revision of the laws in the preparation of those preliminary
The initial appearance of § 1404 (a) was in the Second Draft of- the Code, adopted by the meeting of May, 1945. Its text has remained unchanged. It was accompanied by a reviser’s note, which recited that “Subsection (a) is new. It was drafted in accordance with a memorandum of Mar. 7, 1945, from the author of Moore’s Federal Practice, stating that recognition should be given the doc
A preliminary draft of the Code was printed late in 1945 for the use of the House Committee on Revision of the Laws. In this draft, the reviser’s notes appear directly below each related section or subsection. Section 1404 (a) and its note were in this draft, which, as noted above, was given very wide circulation.
July 24, 1946; the House ordered to be printed the Report submitted by Representative Keogh of New York, Chairman of the House Committee on Revision of the Laws, on the codification of Title 28.
In the Eightieth Congress, under the Legislative Reorganization Act of 1946,
After this painstaking consideration, with its references to § 1404 (a), the-House initially passed the bill on July 7, 1947.
Fourth. Petitioner suggests that his action may not be transferred because it was instituted prior to the effective date of the Code. Clearly, § 1404 (a) is a remedial provision applicable to pending actions. And “No .one has a vested right in any given mode of procedure . . . .” Crane v. Hahlo, 258 U. S. 142, 147 (1922).
What we hold is that the plain meaning of the., statutory words and the consistent course of the legislative history are opposed to petitioner’s contention that we must disregard § 1404 (a) because Congress knew not what it did. If petitioner’s showing could sustain a decision .that this section was not really enacted, after all, little law wbuld remain.
The motion is
Denied.,
Act of June 25, 1948, 62 Stat. 869: “An Act To revise, codify, and enact into law title 28 of the United States Code entitled ‘Judicial Code and Judiciary.’ ”
35 Stat. 65, as amended by 36 Stat. 291, and 53 Stat. 1404, 45 U. S. C. §§ 51-59.
Act of June 25,1948, 62 Stat. 869,992, § 38.
At least five district court decisions dealing with the relationship of § 1404 (a) to FELA suits have been reported. Four have held that the section is applicable. Hayes v. Chicago, R. I. & P. R. Co. (and seven other cases), 79 F. Supp. 821 (1948); White v. Thompson, 80 F. Supp. 411 (1948); Nunn v. Chicago, M., St. P. & P. R. Co., 80 F. Supp. 745 (1948); Scott v. New York Central R. Co., 81 F. Supp. 815 (1948); cf. Brainard v. Atchison, T. & S. F. R. Co., 81 F. Supp. 211 (1948); Perry v. Atchison, T. & S. F. R. Co., 82 F. Supp. 912 (1948) (in both, motion to transfer denied, in exercise of “discretionary powers”); Chaffin v. Chesapeake & O. R. Co., 80 F. Supp. 957 (1948); Richer v. Chicago, R. I. & P. R. Co., 80 F. Supp. 971 (1948). One reported decision has held that the Code section is inapplicable to such suits. Pascarella v. New York Central R. Co., 81 F. Supp. 95 (1948).
H. R. Rep. No.- 308, 80th Cong., 1st Sess. A 132 (1947); H. R. Rep. No. 2646, 79th Cong., 2d Sess. A127 (1946).
The reviser's notes make clear that the phrase was substituted for “suit,” formerly used in various venue statutes, in the light of Rule 2 of the-Fed. Rules Civ. Proc.: “There shall be one form of action to be known as ‘civil action’.”
Section 1394 deals with any civil action “by a national banking association to enjoin the Comptroller of the Currency”; § 1395, proceedings “for the recovery of a pecuniary fine” and “for the forfeiture of property” under varying circumstances; § 1396, “Any civil
Act of June 25,1948,62 Stat. 869,991, § 33.
“Under this chapter an action may be brought in a district court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or, in which the defendant shall be doing business at the time of commencing such action. . . .” 45 U. S. C. § 56. For .a brief historical sketch, see Baltimore & O. R. Co. v. Kepner, 314 U. S. 44, 49-50 (1941).
In almost every state, the requirements for venue and for transfer are treated in different statutory sections. Brief for New York, C. & St. L. R. Co. as amicus curiae, pp. 11-12, Kilpatrick v. Texas & Pac. R. Co., post, p. 75. See, e. g., N. Y. Civil Practice Act, §§ 182, 187.
Act of June 25, 1948, 62 Stat. 869, 992, § 39. Congress did list the pertinent statutes, when Code provisions in fact changed the basic venue requirements. For example, §§ 1394, 1395, 1396 and 1400, respectively, prescribe a new definition of appropriate forums for actions against the Comptroller of the Currency, involving fines and forfeitures, internal revenue taxes and patent and copyright suits; and the following statutes are therefore listed as repealed: 28 U. S. C. § 110; 28 U. S. C. §§ 104, 107, 108 ; 28 U. S'. C. § 105; 28 U. S. C. § 109 and 17 U. S. C. § 35.
E. g., Packard Motor Car Co. v. Labor Board, 330 U. S. 485, 492 (1947); United States v. American Trucking Associations, 310 U. S. 534, 543 (1940) and-cases there cited.
The rule as to statutory revisions Js the same. Continental Casualty Co. v. United States, 314 U. S. 527, 530 (1942); Bate Refrigerating Co. v. Sulzberger, 157 U. S. 1, 45 (1895); United States v. Bowen, 100 U. S. 508, 513 (1880).
“Hearings before House Committee on the Judiciary on H. R. 1600 and H. R. 2055, 80th Cong., 1st Sess.-6 (1947). He also testified.as follows: “. . . we proceeded upon the hypothesis that since that was primarily a restatement of existing law', we should not endanger its accomplishment by the inclusion in the work of any highly controversial' changes in law.” And, in response to the Chairman’s question, “And this bill does not include controversial matters?” Rep. Keogh replied that “We have sought to avoid as far as possible . . •. any substantive changes that did not meet with unanimity of opinion.” Ibid., 11.
94 Cong: Rec. 7928- (1948). The Senator had just: given an illustration of “various changes that have been made.”
H. R. 1639, 80th Cong.-, 1st Sess.: “A Bill To amend the Employers’ Liability Act so as to limit venue . . . .” As ultimately reported to the House, it repealed all of ■§ 6 of the Federal' Employers’ Liability Act, except the last sentence prohibiting removal of actions brought in state courts to federal courts; and added the following paragraph to the then general venue statute, § 51 of the Judicial Code, 28 U. S. C. § 112': “A civil suit for damages for wrongful death or' personal injuries'against-any interstate common carrier by railroad may be brought only in a district court of the United States or in á State court of competent jurisdiction, in the district or county (parish), respectively, in which the cause of action arose, or where the person suffering death or injury resided at the time it arose: Provided, That if the defendant cannot be served with process issuing out of any of the courts aforementioned, then and only then, the action-may be brought in a district court of the United States, or in a State court of competent jurisdiction, at any place where the defendant shall be doing business at the time of the institution of said action.” H. R. Rep. No. 613, 80th Cong., 1st Sess., Pt. 1, 9-10 (1947).
The House Committee on the Judiciary held hearings on the Code, before Subcommittee No. 1, on Mar. 7, 1947, and four hearings on the Jennings Bill, .before Subcommittee No. 4, from Mar. 28 to April 18, 1947. Congressman Jennings himself was a member of Subcommittee No. 1, considering the Code. Congressman Devi^t, a member of Subcommittee No. 4, considering the Jennings Bill, testified in favor of the Code; Hearings before House Committee on the Judiciary bn H. R. 1600 and H. R. 2055 (Code), 80th Cong. 1st Sess. 3 (1947); Hearings before Senate Committee on the Judiciary on H. R. 3214 (Code), 80th Cong., 2d Sess. 16 (1948).
The unanimous Judiciary Committee Report favoring the Code was published in April, 1947. H. R. Rep. No. 308, 80th Cong., 1st Sess. The. divided Report on the Jennings Bill was submitted in June. H. R.-Rep. No. 613, 80th Cong., 1st Sess. (in three parts),
On July 7, 1947, the House passed the proposed revision by' a vote of 342 to 23. 93 Cong. Rec. 8392. Ten days later, the Jennings Bill was 'passed by 203 to 188. 93 Cong. Rec. 9193-4.
See, e. g., Hearings before House Committee on the Judiciary on H. R. 1639, 80th Cong., 1st Sess. 6-12, 17-22, 31-8 (1947); H. R. Rep. No. 613, 80th Cong., 1st Sess., Pt. 1, 3-6; Pt. 2, 1-2, 4 (1947).
As one of its three grounds of opposition to the Jennings Bill, the minority Report stated, “The bill restricts State courts in the administration of justice, deprives them of their prerogatives to require change of venue of lawsuits where necessary, and transcends the provisions of State laws governing the jurisdiction of State courts.” H. R. Rep. No. 613,80th Cong., 1st Sess., Pt. 2,1 (1947).
Doubt was expressed that Congress had constitutional power so to affect state courts. See, e. g., letter of Acting The Assistant to the Attorney General, Hearings before Senate Committee on the Judiciary on S. 1567 and H. R. 1639 (Jennings Bill), 80th Cong., 2d Sess. 215 (1948).
Furthermore, petitioner’s - argument suggests at most that § 1404 (a) was as “controversial” as the Jennings Bill, as of July, 1947. Thereafter, however, both the Code and the Jennings Bill were referred to the Senate Judiciary Committee, which held hearings on both. The same three Senators composed the Subcommittee holding these hearings: Sen. E. H.. Moore, Chairman at the hearings on the Jennings Bill in January, 1948; Sen. Donnell, Chairman at the hearings on the Code in April and June, 1948; and Sen. McGrath. The relationship between the two proposals was ex
It is clear that only the Tax- Court provisions were regarded by the Senate Committee as sufficiently “controversial” to be deleted. See S. Rep. No. 1559, 80th Cong., 2d Sess. 2 (1948); 94 Cong. Rec. 7927 (1948). •,
June 28, 1943, Congress appropriated $100,000 “For preliminary work in connection with the preparation of a new edition of the United States Code, including the correction of errors ....”. 57 Stat. 230.
See H. R. Rep. No. 308, 80th Cong., 1st Sess.. 2-3 (1947).
“This public-spirited group [the advisory committee]'consisted of Judge Floyd E. Thompson, former chief justice of the Illinois Supreme Court and former president of the Chicago Bar Association; Hon. Justin Miller, former associate justice of the United States Court of Appeals for the District of Columbia; Judge John B. Sanborn, judge of the United States Circuit Court of Appeals for the Eighth Circuit; Hon. Walter P. Armstrong, of the Memphis bar and former president of the American Bar Association; and Hon. John Dickinson, of the Philadelphia bar, former-assistant Attorney General of the United States.
“This advisory committee was ably assisted by Judge John J. Parker, senior circuit judge of the United States Circuit Court of Appeals for the fourth circuit, who rendered valuable-service as a judicial consultant. The committee was also assisted by two special consultants each an:expert in the field of Federal procedure: Judge Alexander Holtzoff, United States district judge, District Court for the District of Columbia; and Prof. James W. Moore, of Yale University.” H. R. Rep. No. 308, 80th Cong., 1st Sess. 3 (1947). See also Hearings before House Committee on the Judiciary on H. R. 1600 and H. R. 2055, 80th Cong., 1st Sess. 7-8, 12-14, 17-18, 24-26 (1947).
Circuit Judge Maris was Chairman, and District Judges Galston and W. F. Smith also served on the committee. .Loe. cit. supra, note. 22. See 1944 Report of the Judicial Conference 24; 1945 id. 17-18; 1948 idi 41.
H. R. Rep. No. 308, 80th Cong., 1st Sess. 4 (1947).
Hearings before House Committee on the Judiciary on H. R. 1600 and H. R. 2055, 80th Cong., 1st Sess.’ 23 (1947).
“Congressional government is Committee government .... The House sits, not for serious discussion, but to sanction the conclusions of its Committees as rapidly as possible. It legislates in its committee-rooms; not by the determinations of'majorities^ but by the resolutions of specially-commissioned minorities; so that it is not far from the truth to say that Congress in session is Congress.on public exhibition, whilst Congress in its committee-rooms is Congress at work.” Woodrow Wilson, Congressional Government, pp. xvi, 79 (15th ed. 1900). Nor has this changed. “The committees are the workshops of Congress. Committee work is the core of the legislative process. . . . If is the center of legislative activity where the law-making and supervisory functions of Congress are largely performed.” Galloway, Congress at the Crossroads 53 (1946). And see Bryce, The American Commonwealth c. XV (New Ed. 1931); Chamberlain, Legislative Processes, cc. V-VI (1936); Kefauver and Levin, A Twentieth-Century Congress 114-153 (1947); Luce, Legislative Procedure, cc. IV-VIII (1922); Walker, The Legislative Process, c. 11' (1948).
Hearings before House Committee on the Judiciary on H. R. 1600 and H. R. 2055, 80th Cong., lst-Sess. 8 (1947).
Expressly reciting the reference to the Kepner case in the reviser’s notes: Braucher, The Inconvenient Federal Forum, 60 Harv. L. Rev. 908, 933 (July, 1947); Note, New, Limitations on Choice of Federal Forum, 15 U. of Chi. L. Rev. 332,341, n. 54 (Winter [March], 1948);' Comment, Forum Non Conveniens, A New Federal Doctrine, 56 Yale L. J. 1234, 1249, n. 115 (Aug., 1947). And see Barrett, The Doctrine of Forum Non Conveniens, 35 Calif. L. Rev. 380, 421 (Sept., 1947); Note, 32 Minn, L. Rev. 633, 636, n. 29 (May, 1948). Cf. Note, 23 Ind. L. J. 82, 87, n. 26 (Oct., 1947) (quoting § 1404 (a) but not referring to the reviser’s notes).
Of course the fact that the Judicial Code was being revised was publicized in( discussions not directly bearing on the instant issue; e. g., Wechsler, Federal Jurisdiction and the Revision of the Judicial Code, 13 Law & Contemp. Prob. 216 (1948); Zinn, Revision of Federal Judicial Code, 48 Law Notes, Nos. 3-4, 11 (1944) (earliest reference); Note, The Proposed Revision of the Federal Judicial Code, 60 Harv. L. Rev. 424 (1947).
There is iio doubt as Jo the meaning, of § 1404 (a) in the mind of the author of the memorandum. See 3 Moore’s Federal Practice 2141 (2d ed. 1948), stating that the Code “provides for- a transfer .. . of any action to a proper and more convenient forum” (italics in original), with a footnote (107) citing § 1404 (a) and declaring- that “Any action in § 1404 (a) includes suits subject to special venue statutes, as suits for patent infringement and suits under the Federal Employers’ Liability Act, as well as actions subject to the general venue statute.” And see articles by a member of the advisory committee appointed by the Judicial Conference, and by the Chief Reviser: Galston, An, Introduction to the New Federal Judicial Code, 8 F..R. D. 201/206 (1948) ; Barron, The Judicial Code 1948 Revision, 8 F. ft. D. 439, 442 (1949).
H. R. Rep. No. 2646, 79th Cong., 2d Sess. (1946).
60 Stat. 812,826-27. (1946)
Hearings before House Committee on the Judiciary on H. R. 1600 and H. R. 2055, 80th Cong., 1st Sess. 29 (1947).
H. R. Rep. No. 308, 80th Cong., 1st Sess. (1947).
Ibid., 6.
93 Cong. Rec. 8392 (1947).
Hearings before Senate Committee on the Judiciary on H. R. 3214, 80th Cong., 2d Sess. 73-74 (1948).
94 Cong. Rec. 7927-30, 8297, 8438, 8498-8501 (1948).
While it lacks relevance to our holding as to Congressional intention and expression in June, 1948, the presentation of an up-to-date
Gwin v. United States, 184 U. S. 669 (1902); National Exchange Bank of Baltimore v. Peters, 144 U. S. 570 (1892); Sherman v. Grinnell, 123 U. S. 679.(1887); McBurney v. Carson, 99 U. S. 567, 569 (1878).
Ex parte Mars, Inc., 320 U. S. 710 (1943); Roche v. Evaporated Milk Assn., 319 U. S. 21 (1943), and cases there cited. Cf. United States Alkali Export Assn. v. United States, 325 U. S. 196 . (1945), and cases there cited.
Concurring Opinion
I concur in the result. But in doing so I feel impelled to say two things.
One is that in my view § 1404 (a), taken broadly to include “any civil action,” does effect a partial repeal of.
The legislative history, for example, of the Clayton Act venue provisions demonstrates that the change '! 1404 (a) is said to have made was more than the mere removal of a judicial gloss. I think we should not now impugn the validity of our decisions in National City Lines, supra, and in Kepner and Miles
In the second place, those changes, although entirely within Congress’ power to make, were neither insubstantial nor noncontrovérsial, in view of the legislative history of the original provisions, for example, the venue provisions of the Clayton Act. Nor do I think the legislative history of ! 1404 (a) demonstrates either the insubstantial or the noncontrovérsial nature of the changes in ! 1404 (a), although they seem to have been so treated by those in charge of the bill.
These matters make it impossible for me to concur in the view that Congress was in fact “fully informed as to the significance of § 1404 (a).” This, however, is a matter affecting congressional procedure and the manner of conducting legislative business. Accordingly, notwithstanding my doubts that Congress intended to go so far, I acquiesce in the Court’s decisions.
[This is also a concurrence in the result in No. 233, Misc.., Kilpatrick v. Texas & P. R. Co., post, p. 75, and No. 269, Misc., United States v. National City Lines, post, p. 78.]
Baltimore & Ohio R. Co. v. Kepner, 314 U. S. 44; Miles v. Illinois Central R. Co., 315 U. S. 698.
“At the same time great care has' been exercised to make no changes in' the existing law which would not meet with' substantially unanimous approval.” S. Rep. No. 1559, 80th Cong., 2d Sess. 2. “. . .1 may say that the purpose of this bill is primarily to revise and codify-and to enact into positive law, with such corrections as
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