LOCAL NO. 8-6, OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, AFL-CIO, ET AL. v. MISSOURI
No. 42
Supreme Court of the United States
January 25, 1960
361 U.S. 363
Argued November 19, 1959
I. J. Gromfine, Bernard Cushman, Herman Sternstein and Justus R. Moll filed a brief for the Amalgamated Association of Street, Electric Railway and Motor Coach Employes of America, AFL-CIO, as amicus curiae, in support of appellants.
Briefs of amici curiae in support of appellee were filed by Richmond C. Coburn for the Chamber of Commerce of Metropolitan St. Louis; Myron K. Ellison for the Missouri State Chamber of Commerce et al.; Irvin Fane, Harry L. Browne and Howard F. Sachs for the Kansas City Power & Light Co.; and James M. Douglas and Edmonstone F. Thompson for the Laclede Gas Co.
MR. JUSTICE STEWART delivered the opinion of the Court.
This is an appeal from a judgment of the Supreme Court of Missouri affirming a decree which enjoined the appellants from continuing a strike against a St. Louis public utility. The judgment upheld the constitutionality of certain provisions of a Missouri law, commonly known as the King-Thompson Act, which authorizes the Governor on behalf of the State to take possession of and operate a public utility affected by a work stoppage when in his opinion “the public interest, health and welfare are jeopardized,” and “the exercise of such authority is necessary to insure the operation of such public utility.”1
The appellants are labor unions which represent employees of the Laclede Gas Company, a corporation engaged in the business of selling natural gas in the St. Louis area. In the spring of 1956 the appellants notified Laclede of their desire to negotiate changes in the terms of the collective bargaining agreement which was to expire in that year. Extended negotiations were conducted, but no new agreement was reached, and upon expiration of the existing contract on June 30, 1956, the employees went out on strike.2
Five days later the Governor of Missouri issued a proclamation stating that after investigation he believed that the public interest, health, and welfare were in jeopardy, and that seizure under authority of the state law was necessary to insure the company‘s continued operation. In an executive order issued the same day the Governor took “possession” of Laclede “for the use and operation by the State of Missouri in the public interest.” A second executive order provided that all the “rules and regulations . . . governing the internal management and organization of the company, and its duties and responsibilities, shall remain in force and effect throughout the term of operation by the State of Missouri.”
On appeal the Supreme Court of Missouri, although noting that the injunction had “expired by its own terms,” nevertheless proceeded to consider the merits of certain of the appellants’ contentions. The court restricted its consideration, however, to those sections of the King-Thompson Act “directly involved“—“Section 295.180, relating to the power of seizure, and subparagraphs (1) and (6) of Section 295.200 RSMo, V.A.M.S., making unlawful a strike or concerted refusal to work after seizure and giving the state courts power to enforce the provisions of the Act by injunction or other means.”5 317 S. W. 2d, at 316. In upholding the constitutionality of these sections of the Act, the court explicitly declined to pass on other provisions which the appellants sought to attack, stating: “The
Because that injunction has long since “expired by its own terms,” we cannot escape the conclusion that there remain for this Court no “actual matters in controversy essential to the decision of the particular case before it.” United States v. Alaska S. S. Co., 253 U. S. 113, 116. Whatever the practice in the courts of Missouri, the duty of this Court “is to decide actual controversies by a judgment which can be carried into effect, and not to give opinions upon moot questions or abstract propositions, or to declare principles or rules of law which cannot affect the matter in issue in the case before it.” Mills v. Green, 159 U. S. 651, 653. See Bus Employees v. Wisconsin Board, 340 U. S. 416. To express an opinion upon the merits of the appellants’ contentions would be to
In Harris v. Battle, 348 U. S. 803, these principles were given concrete application in a context so parallel as explicitly to control disposition of the primary issue here. That case originated as an action to enjoin the enforcement of a Virginia statute, markedly similar to the King-Thompson Act, under which the Governor had ordered that “possession” be taken of a transit company whose employees were on strike. Although the labor dispute was subsequently settled and the seizure terminated, the trial court nevertheless proceeded to decide the merits of the case, holding that the seizure was constitutional. Harris v. Battle, 32 L. R. R. M. 83. The Virginia Supreme Court refused an appeal. Harris v. Battle, 195 Va. lxxxviii. In this Court it was urged that the controversy was not moot because of the continuing threat of state seizure in future labor disputes.8 It was argued that the State‘s abandonment of alleged unconstitutional activity after its objective had been accomplished should not be permitted to forestall decision as to the validity of the statute under which the State had purported to act.9 It was contended that the situation was akin to cases like Southern Pac. Terminal Co. v. Interstate Commerce Comm‘n, 219 U. S. 498, 514-516.10
However, as the appellants point out, the decision in Harris v. Battle is not completely dispositive here because, unlike the Virginia statute, the King-Thompson Act contains provisions which impose: (1) monetary penalties upon labor unions which continue a strike after seizure;11 and (2) loss of seniority for employees participating in such a strike.12 The Missouri court found that these separable provisions of the Act were not involved in the present case, and it carefully refrained from passing on their validity.13 The court noted that liability for monetary penalties had been asserted in a separate lawsuit, 317 S. W. 2d, at 314, and the parties have informed us that the action is still pending in the state courts.
The guiding principle is well illustrated in American Book Co. v. Kansas, 193 U. S. 49. There the Kansas Supreme Court had ousted the appellant from doing business in the State until it complied with provisions of the local law governing foreign corporations. Pending appeal the appellant satisfied the judgment by complying with the requirements of the statute. But meanwhile the State had brought another action against the appellant to void contracts it had made prior to the date of its compliance. Because of this pending litigation the appellant argued that “‘there still exists a controversy, undetermined and unsettled,’ involving the right of the State to enforce the statute against a corporation engaged in interstate commerce.” 193 U. S., at 51. What the Court said in rejecting that argument and dismissing the appeal as moot is entirely relevant here. “[T]hat suit is not before us. We have not now jurisdiction of it or its issues. Our power only extends over and is limited by the conditions of the case now before us.” 193 U. S., at 52. See Alejandrino v. Quezon, 271 U. S. 528.
The asserted threat to the seniority rights of Laclede employees is even more speculative. Almost four years have passed since the strike, and the appellants concede that no action has been taken to deprive any employees of their seniority. Moreover, the section of the Act which
The decision we are asked to review upheld only the validity of an injunction, an injunction that expired by its own terms more than three years ago. Any judgment of ours at this late date “would be wholly ineffectual for want of a subject matter on which it could operate. An affirmance would ostensibly require something to be done which had already taken place. A reversal would ostensibly avoid an event which had already passed beyond recall. One would be as vain as the other. To adjudicate a cause which no longer exists is a proceeding which this Court uniformly has declined to entertain.” Brownlow v. Schwartz, 261 U. S. 216, 217-218.
The judgment of the Supreme Court of Missouri is vacated, and the cause is remanded for such proceedings as by that court may be deemed appropriate.
Vacated and remanded.
MR. JUSTICE BLACK, whom THE CHIEF JUSTICE and MR. JUSTICE BRENNAN join, dissenting.
We think this controversy is not moot. As the Court‘s opinion points out, the appellant unions may still be held liable for monetary penalties and their members may lose seniority because of the strike the Missouri Supreme Court held illegal under state law. Its holding was made long
The wrongfulness in holding the case moot is emphasized by our belief that the state court was plainly without any jurisdiction over this controversy unless the Court wants to overrule Bus Employees v. Wisconsin Board, 340 U. S. 383, and adopt the views of the three dissenters in that case. We would follow that holding and reverse this case on the merits.