Joseph McKenna

“ The railroad company filed an answer to each complaint in which it denied the jurisdiction of the Commission to award damages for failure to furnish coal cars, and averred that, in actions of such character, exclusive jurisdiction is in the courts. In due course a hearing was had by the Commission, and the railroad company objected to any further proceeding before it on the ground of want of jurisdiction, at least as to so much of the complaints of the coal companies as dealt only with damages, and moved that so much of the complaints as dealt with the demand for damages be dismissed. ”

“ The Commission having no jurisdiction, the further contention is that the railroad company can restrain its order because it will subject the company to the trouble and expense of the hearing, the probability of an order of reparation against it, and a multiplicity of suits, in which suits it will be confronted by the order of reparation as evidence, without opportunity for judicial review of the strength and competency of the evidence. ”

“ A subpoena against the United States was prayed, and an order annulling the order of the Commission, and, pending the hearing, restraint of the Commission and its members from action.
The United States, appearing by its counsel, moved to dismiss the petition on the grounds that- (1) The action of the Commission did not constitute an order within the meaning of § 1 of the act entitled 'An Act to Create a Commerce Court,' and that the court, therefore, was without jurisdiction to enjoin or annul or suspend the same in whole or in part. ”