Louis Brandeis

“ Asphalt Belt Railway
Argued: January 20, 1925. --- Decided: March 2, 1925
This is an appeal from a decree of the federal court for Western Texas which dismissed a bill in equity with costs. There was a full hearing upon pleadings and evidence. The plaintiffs had moved for an interlocutory injunction; the defendants to dismiss the bill. 292 F. 876. The decree recited, as the ground for dismissal, 'that the court is without jurisdiction.' The plaintiff took an appeal to the Circuit Court of Appeals, assigning 15 errors, of which only a few referred in any way to jurisdiction. ”

“ The District Court said in its opinion:
'Since the plaintiffs' right to injunction rests upon provisions of an act of Congress regulating interstate commerce, the court would be without jurisdiction unless the facts show: (1) That the Asphalt Belt Railroad Company is owned and controlled by the San Antonio, Uvalde & Gulf Railroad Company, an interstate carrier, thus constituting it an extension and branch of the latter road ”

“ Pathe Exchange, Inc., 263 U.S. 291, 304-308, 44 S.C.t. 96, 68 L. Ed. 308) , or whether a power possessed by the court should be exercised (Smith v. Apple, 264 U.S. 274, 44 S.C.t. 311, 68 L. Ed. 678; Oliver American Trading Co., Inc., v. Mexico, 264 U.S. 440, 44 S.C.t. 390, 68 L. Ed. 778) , then the appeal was properly taken to the Circuit Court of Appeals. ”