Joseph McKenna

“ Difference in remedies is conspicuous in our jurisprudence, and some remedies are of that nature that they can be enforced only under exceptional circumstances and under special grants of power. Of this kind is mandamus, and if Congress had intended by the act of 1887 to confer power on the circuit courts to issue mandamus in an original proceeding, Congress would not have employed the language which had been construed from the foundation of the government not to give such jurisdiction. ”

“ It is hence contended that the power of the Commission to require the report stated in the petition is undoubted, and, having power to order the report to be made, the Commission has the power to enforce obedience to the order.
But in what way? Manifestly only in such way as the courts have jurisdiction to give. All powers are given in view of that jurisdiction, and the amendments of the Interstate Commerce Act are so framed. Jurisdiction to issue mandamus is conferred by § 6 to enforce the filing or publishing by a common carrier of its schedules or tariffs of rates, fares, and charges. ”

“ A copy of the order was served on the railroad company, but the company failed and neglected to make out and return a report in full, in that it failed to set forth in the report made and returned by it the data or information called for, namely, 'the tonnage, ton-mileage, earnings, and receipts per ton per mile on grain, hay, cotton, live stock, dressed meats, anthracite coal, bituminous coal, and lumber carried in carload lots ”