James Clark McReynolds

“ Section 24 of the Judicial Code provides that regardless of amount involved District Courts shall have original jurisdiction 'of all suits and proceedings arising under any law regulating commerce.' The Interstate Commerce Act requires carrier to collect and consignee to pay all lawful charges duly prescribed by the tariff in respect of every shipment. ”

“ Their duty and obligation grow out of and depend upon that act.
In support of the trial court it is said: There is no jurisdiction unless the suit in part at least arises out of a controversy in regard to operation or effect of the act of Congress. Here there is no dispute as to legality of rate or its application to the shipments; and consignee's liability was fully discharged upon payment by him of amount demanded at time of delivery and surrender of the carrier's lien.
'Cases arising under the laws of the United States are such as grow out of the legislation of Congress.' Tennessee v. ”

“ Davis, 100 U.S. 257, 264, 25 L. Ed. 648. 'Whether a party claims a right under the Constitution or laws of the United States is to be ascertained by th legal construction of its own allegations.' New Jersey Central R. R. Co. ”