Petty v. Tennessee-Missouri Bridge Commission
Opinion of the Court
delivered the opinion of the Court.
When the Court in 1793 held that a State could be sued in the federal courts by a citizen of another State
The question here is whether Tennessee and Missouri have waived their immunity under the facts of this case.
Congress, under conditions specified in 33 U. S. C. § 525 et seg., gave its consent to the construction of bridges over the navigable waters in the United States. Respondent is a “body corporate and politic” created by Missouri (13 Vernon’s Ann. Stat., Tit. 14, § 234.360) and Tennessee (P. L. 1949, cc. 167, 168) acting pursuant to the Compact Clause of the Constitution. Art. I, § 10, cl. 3.
“That nothing herein contained- shall be construed to affect, impair, or diminish any right, power, or jurisdiction of the United States or of any court, department, board, bureau, officer, or official of the United States, over or in regard to any navigable waters, or any commerce between the States or with foreign countries, or any .bridge, railroad, highway, pier, wharf, or' other facility or improvement, or any*278 other person, matter, or thing, forming the subject matter of the .aforesaid compact or agreement or otherwise affected by the terms thereof.” (Italics added.)
The facts are that petitioner’s husband was employed on a ferryboat operated by respondent as a common carrier ácross the Mississippi between a point in Missouri and one in Tennessee. He met his death when he was trapped in the pilothouse of the ferryboat as it sank, following a collision with another boat. Suit was brought under the Jones Act, 46 U. S. C. § 688, charging respondent with negligence.
The District Court granted the motion to dismiss, holding that respondent is an agency of the States of Tennessee and Missouri and immune from suit in tort. 153 F. Supp. 512. The Court of Appeals, agreeing with that view, affirmed. 254 F. 2d 857. The case is here on certiorari: 358 U. S. 811.
The construction of a compact sanctioned by Congress under Art. I, § 10, cl. 3, of the Constitution presents a federal question. Delaware River Comm’n v. Colburn, supra, at 427. Moreover, the meaning of a compact is a question on which this Court has the final say.
The Court of Appeals laid emphasis on the law of Missouri, which, it said, construes a sue-and-be-sued provision as-not authorizing a suit for negligence against a public corporation. It likewise cited Tennessee decisions strictly construing statutes permitting suits against the State. We assume arguendo that this suit must be considered as one against the States since this bi-state corporation is a joint or common agency of Tennessee and Missouri. But we disagree with the construction given
This compact, approved by Congress in 1949, was made in an era when the immunity of corporations performing governmental functions was not in favor in the federal field. In Keifer & Keifer v. Reconstruction Finance Corp., 306 U. S. 381, decided nearly 10 years before the present compact was made, the authority to sue and be sued contained in a federal charter granted a government corporation was held to be broad enough to include suits in torts, at least where the duties relied upon “have their source in contract even though the guilty agents may be merely tort-feasors.” Id., at 395. There the underlying contract was a bailment; here it is employment. To draw a distinction in either, the Keifer case or in this case between- tort and contract would be to “make application-of a steadily growing policy of governmental liability contingent upon irrelevant procedural factors. These, in our law, are still deeply rooted in historical accidents to which the expanding conceptions of public morality regarding governmental responsibility should not be subordinated.” Id., at 396.
This case, like the Keifer case, involves the launching of a governmental corporation into an industrial or business field. ‘In view of the federal climate of opinion which by that time had grown up around the sue-and-be-sued clause, we cannot believe that Congress intended to
The States who are parties to the compact by accepting it and acting under it assume the conditions that Congress
Finally we can find no more reason for excepting state or bi-state corporations from “employer” as Used in the Jones Act than we could for excepting them either from the Safety Appliance Act (United States v. California, 297 U. S. 175) or the Railway Labor Act (California v. Taylor, 353 U. S. 553). In the latter case we reviewed at length federal legislation governing employer-employee relationships and said, “When Congress wished to exclude state employees, it expressly so provided.” 353 U. S., at 564. The Jones Act (46 U. S. C. § 688) has no exceptions from tíie broad sweep of the words “Any seaman who shall suffer personal injury in the course of his employment may” etc. The rationale of United States v. California,
Reversed.
“When Chisholm dared to sue the ‘sovereign state’ of Georgia, all the states were so indignant that Congress moved with vehement speed to prevent subsequent affronts to the dignity of states. More than the dignity of a sovereign state was probably at issue, however. When the Eleventh Amendment was proposed many states were in financial difficulties and had defaulted on their debts. The states could therefore use the new amendment not only in • defense of theoretical sovereignty but also in a more practical way to forestall suits by individual creditors!” Irish and Prothro, The Politics of American Democracy (1959), p. 123.
“The Judicial power of the United States shall not be construed to extend to apy suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”
“No State shall, without the consent of Congress, . . . enter into any Agreement or Compact with another State
That is true even though the matter in dispute concerns a question of state law on which the courts or other agencies of the State have spoken. Dyer v. Sims, 341 U. S. 22, 30-32. While we show deference to state law in construing a compact, state law as pronounced, in prior adjudications and rulings is not binding. Ibid.
The Court in Hinderlider v. La Plata Co., 304 U. S. 92, 104, spoke of two methods under our Constitution of settling controversies between States. One is our original jurisdiction defined in Art. Ill, §2. The other is the compact: “The compact — the legislative means — adapts to our Union of sovereign States the age-old treaty-making power of independent sovereign nations. Adjustment by compact without a judicial or quasi-judicial determination of existing rights had been practiced in the Colonies, was practiced by the States before the adoption of the Constitution, and had been extensively practiced in the United States for nearly half a century before this Court first applied the judicial means in settling the boundary dispute in Rhode Island v. Massachusetts, 12 Pet. 657, 723-25.”
See Port of New York Authority, 42 Stat. 174; New York and New Jersey Tunnel Agreement, 41 Stat. 158; Kansas City Water Works Agreement, 42 Stat. 1058; New York-Vermont Bridge Agreement, 45 Stat. 120; Delaware River Toll Bridge Compact, 61 Stat. 752; Menominee River Bridge Compact, 45 Stat. 300.
“Historically the consent of Congress, as a prerequisite to the validity of agreements by States, appears as the republican transformation of the needed approval by the Crown. . But the Constitution plainly had two very practical objectives in view in conditioning agreement by States upon consent of Congress. For only Congress is the appropriate organ for' determining what arrangements between States might fall within the prohibited class of ‘Treaty, Alliance, or Confederation’, and what arrangements come within the permissive class of ‘Agreement or Compact.’ But even the permissive agreements may affect the interests of States other than those parties to the agreement: the national, and not merely a regional, interest may be involved. Therefore, Congress must exercise national supervision through its power to grant or withhold consent, or to.grant it under appropriate conditions. The framers thus astutely created a mechanism of legal control over affairs that are projected beyond State lines and yet may not call for, nor be capable of, national treatment. They allowed interstate adjustments but duly safeguarded the national interest.” Frankfurter and Landis, The Compact Clause of the Constitution — A Study in Interstate Adjustments, 34 Yale L. J. 685, 694^695.
Dissenting Opinion
dissenting.
The Court, acknowledging the applicability of the provisions of the Eleventh Amendment to the Tennessee-Missouri Bridge Commission, states: “The question here is whether Tennessee and Missouri have waived their immunity under the facts of this , case.” Ante, p. 277. The Court finds such a waiver in the words “sue and be sued” included in Art. I, § 3, of the Compact creating respondent Commission. The Supreme Court of Missouri has said: “A statutory provision that such a public corporation/may sue and be sued’ does not authorize a suit against it for'negligence.” Todd v. Curators of the University of Missouri, 347 Mo. 460, 465, 147 S. W. 2d 1063, 1064. The Tennessee courts have not ruled on the significance of this clause, but the Supreme Coúrt of Tennessee has been emphatic in its holding that waivers of sovereign immunity from suit are to be narrowly construed. Hill v. Beeler, 199 Tenn. 325, 286 S. W. 2d 868. The Court of Appeals below held that in neither Missouri nor Tennessee would the language “sue. and be sued” render a public corporation liable for suit in tort. 254 F. 2d 857. Three times during this Term the Court fol
Despite the fact that it has been authoritatively held that neither State waives sovereign immunity by the “sue and be sued” provision, this Court finds that those words constitute a waiver by the States of the immunity from suit, in the federal courts, afforded them by the Eleventh Amendment.
The legal consequences of the terms of a Compact are not, as a generalized proposition, for the originating construction of this Court. What was held in Dyer v. Sims, 341 U. S. 22, does not support such a claim. That case arose under a Compact among eight States to control pollution, in the Ohio River System. Seven of the States asserted that under the Compact West Virginia was obligated to appropriate funds for administrative éxpenses of the Joint Commission formed under the Compact. By a self-serving construction of its duty under the Compact, West Virginia resisted the claims of the other States to the Compact. Here was a typical controversy among States, a controversy as to the undertaking of a Compact among States, for the peaceful solution of which the Constitution designed Art. Ill, § 2. The very nature of the controversy made it necessary for this Court to construe the terms of the Compact, that is, the contractual obligations assumed by Wes^ Virginia vis-á-vis the other parties to the Compact. The problem presented by this case has no kinship with that presented by Dyer v. Sims. This is a suit by an individual against the States, over which the
This Court,, however, finds that Congress,- in granting the necessary consent to the Compact, imposed suability in the federal courts upon the States as a condition to its consent. No doubt Congress could have insisted upon a provision waiving immunity from suit in the federal courts as the price of obtaining its consent to the Compact. The fact that this Court in Keifer & Keifer v. Reconstruction Finance Corp., 306 U. S. 381, 389-391, indicated that governmental' immunity from suit had fallen into disfavor may'well have been a good reason why Congress should have done just this in passing upon the Tennesseé-Missouri Compact. It is a bad reason for this Court to write in such a waiver when Congress has not done so. Surely the doctrine of sovereign immunity was
As the evidence from which the Court finds an implied imposed withdrawal of the States’ immunity from suit is tenuous, the basis for its finding of an explicit imposition of waiver is non-existent. Such an explicit imposition is deemed to lie in the language in the Act which states that nothing in the Compact “shall be construed to affect, impair, or diminish any right, power, or jurisdiction of the United States or of any court, . . . over or in regard to any navigable waters, or any commerce between the States . . . .” Read as this should be read on the natural understanding of the phrasing, there is nothing to indicate that the subject of immunity from suit was in
The use of clauses preserving “jurisdiction ... of any court” dates back to a Compact between New York and New Jersey approved by Congress in 1834 \ "Provided, That nothing therein contained shall be construed to impair or in. any manner affect, any right of jurisdiction of the United States in and over the islands or waters which form the subject of the said agreement.”
The conclusion that what the language in the Act alone would not do it accomplishes when “read in light of the sue-and-be-sued clause,” ante, p. 281, violates the very congressional language on which it relies. Had there been no “sue and be sued” clause in the Compact, this Bridge Commission could not have been sued in the federal courts despité the fact that it was operating a vessel on navigable water and in interstate commerce. The Eleventh Amendment would not have permitted it. By finding that language in the Compact permits this suit, the Court is construing the' Compact to “affect,” by enlarging, the jurisdiction of the United States courts over activities conducted in interstate commerce.
The constitutional requirement of consent by Congress to a Compact between the States was designed for the protection of national interests by the power to withhold consent or to grant it on condition of appropriate safeguards of those interests. The Compact may impair the
In view of the authorities cited by the Court fof the proposition that the Jones Act applies to the Commission,
I would affirm the judgment of the Court of Appeals for the Eighth. Circuit.
Sims v. United States, 359 U. S. 108; The Tungus v. Skovgaard, 358 U. S. 588; United Pilots Assn. v. Halecki, 358 U. S. 613.
See S. Rep. No. 1198, 81st Cong., 1st Sess.; H. .R. Rep. No. 1429, 81st Cong., 1st Sess.; 95 Cong. Rec. 14589-14590, 14982-14983. In letters to the House and Senate Committees considering the bill consenting to this Tennessee-Missouri Compact, Acting Secretary of Commerce Thomas C. Blaisdell, Jr., expressed his belief that “this provision is intended to avoid the application to the Federal Government of the specific provision found in the compact that ‘Such bonds shall be the negotiable bonds of the Commission, the income from which shall be tax free.’. . S. Rep. No. 1198, supra, at 3; H. R. Rep. No. 1429, supra, at 3. To avoid the possibility that the provision was not sufficiently clear, Congress added specific language stating that the bonds issued by the Commission were taxable by the United States. 63 Stat. 930.
4 Stat. 711.
20 Stat. 483 ; 21 Stat. 352 (added “jurisdiction of its courts”); 25 Stat. 553 (added “jurisdiction of its courts”); 34 Stat. 861.
40 Stat. 515. Similar language is found in 41 Stat. 158.
42 Stat. 180. See similar language in 45 Stat. 301; 45 Stat. 121.
In some Compacts there have been similar though not identical .federal jurisdiction clauses in the Compacts themselves, although those Compacts did not contain suability provisions. 66 Stat. 74, 77-78; 68'Stat. 690,-697. In the recently approved Compact between
49 Stat. 1058, 1060.
64 Stat. 568, 571.
Suit in United States v. California, 297 U. S. 175, was instituted by the United States, and jurisdiction over such an action is not within the proscription of the Eleventh Amendment. In California v. Taylor, 353 U. S. 553, the State intervened in an action brought .against the National Railroad Adjustment Board, hence voluntarily submitted itself to the jurisdiction of the federal courts.
Reference
- Full Case Name
- Petty, Administratrix, v. Tennessee-Missouri Bridge Commission
- Cited By
- 390 cases
- Status
- Published