Wiley Blount Rutledge

“ No new right of separate appeal was given. The preexisting right of appeal, including appeal on grounds relating to validity of the taking, remained in force to be exercised when and only when final judgment, disposing of the cause in its entirety, has been rendered. The statute makes no other explicit provision. Nor is one so clearly implied that we can make it. The weightier implications are the other way.
We have not discussed other issues presented or suggested in the briefs or argument, since that has not been necessary to the disposition of this cause. ”

“ Indeed, we do not understand petitioners to urge that the 1917 act without more accomplishes the departure. They say rather that it does so when used in conjunction with the Declaration of Taking Act of 1931. It is the 'judgment' upon 'a declaration of taking' and the subsequent order denying their motion to vacate this 'judgment' and to dismiss the proceedings which they contend are 'final decisions' within Section 128 and therefore appealable. It is 'judgments' of this character which the decisions of Circuit Courts of Appeals, upon which petitioners rely, have involved. ”

“ These include the question whether, when possession has been taken and damage has been done to the premises in the course of proceedings not authorized, the remedy by appeal is adequate. That issue has not been made in this case, since the grounds urged rest upon the provisions of the 1931 act relating to title and their effect, through the proceedings had, upon the petitioners' right. They do not relate simply to the taking of possession, the right to take it or damages resulting from exercise of that right, apart from the question of title. ”

“ One of them relied expressly upon the 1931 act as being intended 'to sever the taking of title and possession from controversies as to valuation, and to provide a procedure whereby the United States might be speedily and conclusively vested with title and possession' and therefore as having a 'final and immediate effect on property rights' which 'obviously should be reviewable at once, without the necessity of awaiting the outcome of long drawn out controversies as to valuation.' Puerto Rico Ry. ”

“ In others this would go far toward doing so, for not all such issues will be followed through to final decision or, if so followed, will turn out adversely to the Government. The alternative construction, that title passes irrevocably, leaving the owner no opportunity to question the taking's validity or one for which the only remedy would be to accept the compensation which would be just if the taking were valid, would raise serious question concerning the statute's validity. In any event we think it would run counter to what reasonable construction requires. ”

“ The foundation of this policy is not in merely technical conceptions of 'finality.' It is one against piecemeal litigation. 'The case is not to be sent up in fragments * * *.' Luxton v. North River Bridge Co., 147 U.S. 337, 341, 13 S.Ct. 356, 358, 37 L.Ed. 194. Reasons other than conservation of judicial energy sustain the limitation. ”