103 F.2d 327 | 2d Cir. | 1939
The plaintiff, Hudson & Manhattan Railroad Company, a corporation organized under the laws of the States of New York and New Jersey, owns and operates an electric railway between cities in those two states. It brought this suit in equity in the Southern District of New York to determine whether it was subject to the provisions of the Railway Labor Act, 45 U.S.C.A. § 151 et seq.,- and to enjoin the defendant Hardy, who was the United States Attorney for the Southern District of. New York, from attempting to enforce the provisions of the Act against it. By leave of the court, appellants Interstate Commerce Commission, The Brotherhood of Locomotive Engineers', The Brotherhood of Railroad Trainmen/ and The Brotherhood of Railroad Signal Men of America became intervening defendants. The Interstate Commerce had previously been duly- requested to, and had, upon findings made after hearings, determined that the above Act did apply to the plaintiff. The court below upon its own investigation of the facts reached a contrary conclusion and granted the injunction sought by the plaintiff. This appeal followed.
The plaintiff, being engaged in interstate commerce, does fall within the terms of the Railway Labor Act, 45 U.S.C.A. § 151, unless excluded by the limitation upon the broad definition of “carrier” in Sec. 1 of the Act contained in the following proviso : “Provided, however, That the term ‘carrier’ shall not include any street, interurban, or suburban electric railway, unless such railway is operating as a part of a general steam-railroad system of transportation, but shall not exclude any part of the general steam-railroad system of transportation now or hereafter operated by any other motive power. The Interstate Commerce Commission is hereby authorized and directed upon request of the Mediation Board or upon complaint of any party interested to determine after hearing whether any line operated by electric power falls within the terms of this proviso.”
The determination by the Interstate Commerce Commission that the Railway Labor Act did apply to the plaintiff was put on the ground that although it was an interurban electric railway it was operating as a part of a general railroad system of transportation. The procedure followed was correct and the determination must be upheld unless it was arbitrary or capricious. Shields v. Utah Idaho Central Railroad Company, 305 U.S; 177, 59 S.Ct. 160, 83 L.Ed.-. That depends (1) upon whether the findings adequately support the determination and (2) upon whether the evidence adequately supports the findings.
As to the second phase of the inquiry, we must assume that the support is adequate since the evidence before the Commission does not appear in this record. Mississippi Valley Barge Line Co. v. United States, 292 U.S. 282, 286, 54 S.Ct. 692, 78 L.Ed. 1260; Nashville, C. & St. L. Ry. v. Tennessee, 262 U.S. 318, 323, 43 S. Ct. 583, 67 L.Ed. 999; Louisiana & P. B. R. Co. v. United States, 257 U.S. 114, 42 S. Ct. 25, 66 L.Ed. 156. Moreover, no one disputes that the findings were amply sup
Though these findings which do supply substantial support for the determination made by the Commission are to be balanced against other findings which point to the contrary, that is a task to be performed by the Commission under the authority granted it by Congress which places upon it the duty to make the determination. The findings above outlined, made after due hearing and consideration, show that at least the determination was not arbitrary or capricious. Consequently the determination cannot successfully be attacked in this suit. Shields v. Utah Idaho Central Railroad Company, supra.
Decree reversed and bill dismissed.