Baltimore & Ohio Railroad v. Interstate Commerce Commission

221 U.S. 612, 31 S. Ct. 621, 55 L. Ed. 878, 1911 U.S. LEXIS 1760
CourtSupreme Court of the United States
DecidedMay 29, 1911
DocketNo. 222
StatusPublished
Cited by112 cases

This text of 221 U.S. 612 (Baltimore & Ohio Railroad v. Interstate Commerce Commission) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baltimore & Ohio Railroad v. Interstate Commerce Commission, 221 U.S. 612, 31 S. Ct. 621, 55 L. Ed. 878, 1911 U.S. LEXIS 1760 (1911).

Opinion

Mr. Justice Hughes

delivered the opinion of the court.

This is a bill in equity to annul an order made by the Interstate Commerce Commission on March 3, 1908, and for injunction. The order required the carriers within the provisions of the act of Congress of March 4, 1907, chapter 2939, 34 Stat. 1415, to make monthly reports, under oath, showing the instances where employés subject to that act had been on duty for a longer period than that allowed. The statute, entitled “An act to promote the safety of employés and travelers upon railroads by limiting the hours of service of employés thereon,” is set forth in the margin.1

[614]*614By stipulation there were introduced into the record additional instructions issued by the Commission under date of August 15, 1908. These prescribed new forms, and also a separate form of oath for use in case there had been no excessive service; and it was further directed that reports of hours of service of the employés described should be made by the secretary or similar officer of the carrier.

It was agreed that a number of like suits brought by other carriers should abide the final disposition of this cause and that meanwhile the reports should not be required.

The bill alleged that the purpose of the Commission in [615]*615making the order was to secure from carriers evidence of infractions of the law in order that suits might be brought to recover penalties; that, even if this were not the purpose, the result of the requirement would be the same, because of tiie provision that the Commission should lodge with the proper district attorneys information of the violations coming to its knowledge; and that this compulsory disclosure,, both as to the corporation itself and as to the officers concerned in such violations, was repugnant to the Fourth and Fifth Amendments of the Constitution of the United States. It was also alleged [616]*616that the Commission was without authority to make the order, eithér under the provisions of the act or otherwise.

A demurrer for want of equity was sustained, and the complainant appeals.

First. Although the question was not specifically raised by the bill, it is now contended that the statute is unconstitutional. in its entirety and therefore no action of the Commission can be based upon it. It is said that it goes beyond the power which Congress may exercise in the regulation of interstate commerce; that while addressed to common carriers engaged in interstate transportation by railroad to any extent whatever, its prohibitions and penalties are not limited to interstate commerce, but apply to intrastate railroads and to employés engaged in local business.

The prohibitions of the act are found in § 2. This provides that it shall be “unlawful for any common carrier, its officers or agents, subject to this Act to require or permit any employé subject to this Act to be or remain on duty” for a longer period than that prescribed. The carriers and employés subject to the act are defined in § i as follows:

“That the provisions of this Act shall apply to any common carrier or carriers, their officers, agents, and employés, engaged in the transportation of passengers or property by railroad in the District of Columbia or any Territory of the United States, or from one State or Territory of the United States or the District of Columbia to any other State or Territory of the United States or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States. The term ‘railroad’ as used in this Act shall include all bridges and ferries used or operated in connection with any railroad, and also.all the road in use by any common carrier operating a rail[617]*617road,'whether owned or operated under a contract, agree-, ment, or lease; and the term ‘employés’ as used in this Act shall be held to mean persons actually engaged in or connected with the-movement of any train.”

No difficulty arises in the construction of this language. The first sentence states the application to carriers and employés who are “engaged in the transportation of passengers or property by railroad” in the District of Columbia or the Territories, or in interstate or foreign commerce. The definition in the second sentence, of what the terms “railroad” and “employés” shall include, qualify these words as previously used, but do not remove the limitation as to the nature of the transportation -in which the employés must be engaged in order to come within, the provisions of the statute.. If the definition, in the last-part of the sentence, of the words used in the first part be read in connection with the latter the meaning of the whole becomes obvious. The section, in effect, thus provides: “This act shall apply to any common carrier or carriers, their officers, agents, and employés (meaning .by ‘employés’ persons actually engaged in or connected with the movement of any train), engaged in the transportation of passengers or property by railroad (meaning by ‘railroad’ to include all, bridges and ferries used or operated in connection with any railroad) in the District of Columbia or any Territory ... or from one State . . . to any other State,” etc. In short, the employés to which the act refers, embracing the persons described in the last sentence of the section, are those engaged in the transportation of passengers or property by railroad in the district, territorial, interstate or foreign commerce_ defined; and the railroad, including bridges and ferries, is the railroad by means of which the defined commerce is conducted.

The statute, therefore, in its scope, is materially different from the act of June 11, 1906, chapter 3073, 34 [618]*618Stat. 232, which was before this court in the Employers’ Liability Cases, 207 U. S. 463. There, while the carriers described were those engaged in the commerce subject to the regulating power of Congress, it appeared that if a carrier was so engaged the act governed its relation to every employé, although the employment of the latter might have nothing-whatever to do with interstate commercé. In the present statute, the limiting words govern the einployés as well as the carriers.

But the argument, undoubtedly, involves the considerfetidn that the interstate and intrastate operations of jnters¿at,é' .carriers aré so interwoven that it is utterly impracticable for them, to divide their employés in such .manner that the duties of those who- are engaged in connection with interstate commerce shall be confined to that commerce exclusively. ' And thus, many .employés who have to do with the movement of trains in interstate transportation are, by virtue .of practical necessity, also employed in intrastrate transportation.

This consideration, however, lends no support to the contention that the statute is invalid. For there cannot be denied to Congress the effective exercise of its constitutional authority. By virtue of its . power to regulate •interstate and foreign commerce,' Congress may enact laws for the safeguarding-of the persons-and property that are transported in that commerce-'and of those who are employed in transporting them. Johnson v. Southern Pacific Company, 196 U. S.

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Bluebook (online)
221 U.S. 612, 31 S. Ct. 621, 55 L. Ed. 878, 1911 U.S. LEXIS 1760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baltimore-ohio-railroad-v-interstate-commerce-commission-scotus-1911.