High Commission Court

“ If the first court to reach a decision strikes down the Commission order, it may do so on grounds permitting reconsideration of the matter by the Commission. When the primary jurisdiction doctrine requires initial decision by the Commission, it also precludes the court from redetermining the question itself should the Commission decision be defective. ”

“ Inferior judges are appointed normally for life, but under conditions prescribed by law they may be dismissed or relieved of their duties by decision of the High Court. Finally, the High Court constitutes a tribunal before which, upon charges brought by either the sovereign or the lower chamber, members of the States-General, heads of the ministerial departments, governors-general, members of the Council of State, and commissioners of the crown in the provinces, may be prosecuted upon charge of offenses committed in office. ”

“ We sustain the Commissioner's power to reject this position and hold valid the challenged order, buttressed as it is by the District Court's approval. To explain our conclusion it is unnecessary to repeat the detailed statement of facts made in the majority and minority opinions of the Commission and District Court. ”

“ The question for decision is whether the state court's judgment, directing that the net be forfeited and ordering the commission to sell or destroy it, is a 'common law remedy' which the 'common law is competent to give' within the statutory exception to the exclusive jurisdiction in admiralty conferred on district courts of the United States by § 9 of the Judiciary Act of 1789, 1 Stat. ”

“ Upon timely application, the court may, in its discretion, permit the Commission, or the Attorney General in a case involving a government, governmental agency, or political subdivision, to intervene in such civil action upon certification that the case is of general public importance. Upon request, the court may, in its discretion, stay further proceedings for not more than sixty days pending the termination of State or local proceedings described in subsections (c) or (d) of this section or further efforts of the Commission to obtain voluntary compliance. ”

“ The state provides a unified method for the formation of policy and determination of cases by the Commission and by the state courts. The judicial review of the Commission's decisions in the state courts is expeditious and adequate. Conflicts in the interpretation of state law, dangerous to the success of state policies, are almost certain to result from the intervention of the lower federal courts. On the other hand, if the state procedure is followed from the Commission to the State Supreme Court, ultimate review of the federal questions is fully preserved here. ”

“ It the commission is a court, within the meaning of § 720, then the circuit court of the United States was wholly without authority to stay the proceedings of that tribunal by the writ of injunction. The circuit court could not grant the writ of injunction in face of the act of Congrees expressly forbidding such action. No one will question the authority of Congress to prescribe the limits of the jurisdiction of the courts created by it. ”

“ We intimate no opinion on the merits of the controversy. We only hold that the District Court has jurisdicti n to determine its jurisdiction by proceeding to a decision on the merits.
Second. Motions were made by the Solicitor General to substitute as defendants the new members of the Commission for those who are no longer members. [6] We added the new members as petitioners-defendants, and dismissed as to a deceased member, but reserved decision as to the other former members. ”

“ It is conceded that the Commission is not a court, though its duties necessarily involve, to some extent, the exercise of judicial functions, as is always the case where judgment and discretion are to be exercised. ”

“ The Court of Appeals invoked against the Commission the familiar doctrine that a lower court is bound to respect the mandate of an appellate tribunal and cannot reconsider questions which the mandate has laid at rest. ”

“ An appeal to the supreme court of appeals is given of right to any party aggrieved, upon conditions not necessary to be stated, and that court, if it reverses what has been done, is to substitute such order as, in its opinion, the commission should have made. ”

“ The Commission is not primarily, or in any proper sense, a judicial tribunal. It can render no judgment binding upon the parties, can hold no trial by jury, cannot enforce its awards by process against the person or against property; its awards are merely prima facie evidence, without any conclusive effect, and must be enforced through the aid of the courts of law. It is an administrative body, a branch of the executive department, charged with the duty of aiding in the enforcement of the duties imposed upon the carrier by the act ”

“ It is none the less the judgment of a judicial tribunal dealing with questions judicial in their nature, and presented in the customary forms of judicial proceedings, because its effect may be to aid an administrative or executive body in the performance of duties legally imposed upon it by congress in execution of a power granted by the constitution. ”

“ After argument and upon consideration we find ourselves in the anomalous position that whereas we hold we have jurisdiction, we cannot pass upon the substantive question of the statutory power of the Commission which is the ground of appeal.
First. Since the appeal is from the final decree of a statutory court of three judges, and not from the entry of a preliminary injunction the period for taking an appeal is sixty days-not thirty days as appellee contends. ”

“ Where the Minister in charge of the subject of Justice represents to the President that it is expedient that the number of the Judges exercising the jurisdiction and powers of the High Court in any judicial zone should be temporarily increased the President may, by warrant, appoint one or more Commissioners of the High Court to exercise the jurisdiction and powers of the High Court within such judicial zone as is specified in the warrant of appointment of such Commissioner of the High Court. ”

“ In case of contumacy by, or refusal to obey a subpena issued to, any person, the Commission may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, contracts, agreements, and other records. ”

“ If relief on equitable grounds is to be obtained it is right that it should be sought by a formal suit upon adequate pleadings and should be granted only after a trial of issues according to the usual course of the trial of questions of fact. A court of first instance is the appropriate tribunal, and the only tribunal, equipped for such a trial. Appellate courts have neither the power nor the means to that end. ”

“ And the statute which created the Commerce Court, from which the district courts inherited their jurisdiction in this instance, referred to 'cases' brought to enjoin or set aside Commission orders, making no distinction as to those in which only permanent relief was sought. We can only conclude that the framers of the Urgent Deficiencies Act meant to require a three-judge court in any suit brought to enjoin the enforcement of a Commission order, including a suit where an interlocutory injunction is not sought and pressed to a hearing. ”

“ It provides, in the first instance, for the ascertainment of the amount of compensation or damages by a commission of three freeholders, but also that, before the appointment of such commissioners, any defendant may demand a jury of six freeholders residing in the county, to ascertain, determine, and appraise the damages or compensation to be allowed, and prescribes in such case the mode of trial, at which the court or judge shall preside in the same manner and with like power as in other cases ”

“ It is argued that Congress, by authorizing the Commission to investigate violations and in appropriate cases to report to the Attorney General any violations found, has expressed the purpose that the action by the Commission and the Attorney General should be consecutive and not concurrent. ”

“ By § 266 of the Judicial Code, a suit in which application is made and pressed for an interlocutory injunction 'restraining the enforcement, operation, or execution of any statute of a State by restraining the action of any officer of such State in the enforcement or execution of such statute, or in the enforcement or execution of an order made by an administrative board or commission' is required to be heard by a court of three judges constituted as the section prescribes. ”

“ Not only do the Constitution and laws of Virginia make the commission a judicial court of record by clothing it with all the attributes of such a tribunal, but they expressly declare it a court, and require it to proceed only be due process of law and inquire into and determine every judicial question coming before it. It has repeatedly held itself to be a court and subject to all the obligations thereof, and the supreme court of appeals, the highest state judicial tribunal, has formally and expressly so held. ”

“ Jurisdiction depends upon standing to seek review and upon ripeness. If respondent could not rightfully seek review from the order adopting the challenged regulations, it must await action to its disadvantage under them, and neither the Court of Appeals nor this Court has jurisdiction of the controversy. Under the above-cited Code sections, review of Commission action is granted any party aggrieved or suffering legal wrong by that action. ”

“ Supreme Court of Appeal is temporarily unable to serve on the Commission, the Deputy Chief Justice or the Deputy President of the [Constitutional Court] Supreme Court of Appeal, as the case may be, acts as his or her alternate on the Commission.”. ”

“ Consequently, the established principle that a person cannot create a justiciable controversy against himself has no application here.
Second. It is contended that the provisions of the Act making the Government a statutory defendant in court actions challenging Commission orders, show a congressional purpose to bar the Government from challenging such orders. Legislative history is cited in support of this contention. ”

“ The respondents' case and the decision below are rested heavily on this argument that the Commission is invading the province of the judiciary. The Court of Appeals held that the Commission's order of September 2, 1947, represented an unauthorized attempt to enforce that court's decree. It pointed out that the statute had made the court's own jurisdiction of the proceeding 'exclusive' and its own decree final. ”

“ Each party, it seemed, would have to give in to the court "an allegation," or statement of the pedigree he intended to establish, and which would be lodged at the registry. Each would then, in due course, obtain a copy of his opponent's allegation, in order to guide him in framing his own proof and interrogatories. A COMMISSION would then be sent, by the court, into the county where the witnesses resided, to examine them—the examiner being an officer of the court, a proctor—and, while thus engaged, representing the court. ”

“ Hence its general verdict that the land is worth so many dollars is not overturned for lack of particularized findings.
The judge who uses commissioners, however, establishes a tribunal that may become free-wheeling, taking the law from itself, unless subject to close supervision. The first responsibility of the District Court, apart from the selection of responsible commissioners, is careful instruction of them on the law. ”

“ To all these several answers there was a general replication and issue; and a commission was issued to take testimony, under which the facts above stated, and those hereinafter adverted to, were established in proof.
On the 6th of October, 1845, the cause came on for hearing, when the Circuit Court dismissed the bill, with costs. The complainant appealed to this court.
The cause was argued by Mr. May and Mr. Brent, for the appellant, and Mr. Francis L. Smith and Mr. Jones, for the appellees. ”

“ To test the validity of the action of the Judges as Commissioners, Congress, by Act of February 28, 1793, after repealing parts of the earlier questionable statute, made an express provision for the institution of a suit by the Attorney-General; and in compliance with this Legislative direction, the Attorney-General moved the Supreme Court for a mandamus against the Secretary of War to require him to put on "the pension list one of those who had been approved by the Judges acting in the character of Commissioners." ”

“ A stenographic report is made of all the evidence introduced before the commission. On a record consisting of such evidence, the opinion and the orders, the case is appealed to the Superior Court, which is given power, if it finds that the order appealed from 'is unreasonable or based upon incompetent evidence materially affecting the determination of the commission or is otherwise not in conformity with law' either to reverse the order or to remand the record to the commission with direction to reconsider the matter and make such order as shall be reasonable and in conformity with law. ”

“ Clearly the function of the state district court under the statutory mandate is not solely judicial, that is, to set aside a decision of the commissioner if arbitrary or unreasonable and hence violative of constitutional rights. The duty is laid on the court to examine the evidence presented and either to set aside or to modify or to affirm the commissioner's order, as the proofs may require. The legislative process remains incomplete until the action of that court shall have become final. ”