delivered the opinion of the court.
On July 18, 1908, the St. Louis, Iron Mountain & Sоuthern Railway Company filed in the Western Division of the Circuit (now District) Court of the United States for the Eastern District of Arkansas a bill, against the Railroad Commissioners of that State to enjoin the enforcement of intrastate freight and passenger rates promulgated by them. Two private citizens, Leigh and McLean, who were alleged to be shippers and travellers on the railroad, were joined as defendants; and the bill prayed that they “and all other persons belonging to the same class, including all patrons” of thé railroad, be enjoined from instituting any suits for penalties or double damages under the Arkansas statutes. - On September 3, 1908, a tempo-' rary restraining order was granted which, besides enjoining the Railroad Commissioners from enforcing rates promulgated by them, ordered that the two private citizens “and all other persons and each of them from and after the time that they shall have knowledge of this order be enjoined from at any time instituting any such suit or action for or on account of any failure of the complainant to keep *370 in effect and observe said inhibited rates or for the recovery of damages by reason of such failure, during the time this order shall continue'in effect.”
The Railway Company then executed, as ordered, a bond with surety to the United States in the penal sum of $200,000 “conditioned that the said complainant shall keep a correct aсcount, showing, as respects every carriage of passengers or freight, the difference between the tariff actually charged and that which would have been charged had the rate inhibited hereby been applied, showing the particular carriage in question аnd the stations between which the same occurred, and the name of the person affected as far as may be practicable, which record shall be made and kept subject to the further order of this Court, and further conditioned that if it should eventually be decided thаt so much of this order as inhibits the enforcement of the existing rates should not have been made, that said complainant, shall, within a reasonable time,' to be fixed by the Court, refund in every instance to the party entitled thereto, the excess in charge over what would have bеen charged had the inhibited rates been applied, together with lawful interest and damages.”
On June 23, 1909, an order was made for an additional bond without surety in the sum of $800,000, which provided, among other things, for giving to each passenger or shipper a receipt which would show the amount payable under the enjoined rates. 1
*371
On May 11, 1911, a final decree was entered for the Railway Company making permanent the injunction in the terms of the restraining order, and further ordering “that the bond for injunction filed by the complainant here be released and the sureties thеreon discharged from liability.” The decree was reversed by this court with directions to dismiss the bill without prejudice
(Allen
v.
St. Louis, Iron Mountain & Southern Ry. Co.,
“And the Master is further directed to give notice by publication ... to the effect that all persons having any claims against the сomplainant by reason of the *372 granting of the injunctions herein, shall present the same to him on or before the 1st day of November, 1913, by filing with him the evidence of their claims, or such other proof as they possess.”
Thereafter Gallup brought suit in a state court of Arkansas to reсover from the Railway Company the difference between the aggregate freight and passenger rates actually collected from him while the injunctions, temporary and permanent, were in force (that is, from September 3, 1908, to July 18, 1913), and the amount which would have been collected if the rates enjoined had been in effect. The Railway Company promptly filed, in the District Court, on leave granted what is called a “supplemental bill of complaint” to restrain Gallup from proceeding in the state court. Metcalf, another shipper, who had not brought suit, but who, it was alleged, was threatening to do so, was also made defendant as representative of the class; and claiming that the facts justified equitable interference on the ground of avoiding multiplicity of suits, an injunction was sought also against him and othеrs similarly situated. The supplemental bill specifically alleged that by virtue of the decree of May 11, 1911, the Railway Company was released from all liability on the bonds or otherwise from any damage accruing from the injunctions.
Gallup and Metcalf each moved to dismiss the bill fqr wаnt of equity. Gallup also answered, alleging, among other things, that the overcharges sought to be recovered were mainly those arising after the entry of the final decree in the District Court, and also that the aggregate of claims fil<?d with the special master under the decrеe of July 18, 1913, greatly exceeded $1,000,000, the amount of the bonds. The District Court granted the prayer of the supplemental bill. Upon appeal by Gallup and Met-calf the Circuit Court of Appeals modified the decree “so as to restrain only such actions as are brought on one or *373 both of the bonds.” From the decree as so modified, the Railway Company appealed to this court.
The Railway Company rests its claim to relief upon two grounds:
First: That the District Court assumed by the decree of July 18, 1913, jurisdiction to determine all claims arising out of ovеrcharges, so that the commencement by Gallup of suit in the state court was an interference with its jurisdiction.
Second: That in view of the number and' character of the claims of other shippers and travellers, equity should intervene to prevent multiplicity of suits.
It may be doubted whether, in view оf the mandate, there was any power in the District Court to order reference to the master to determine the liability on the bonds; but on this question we are not required to express an opinion.
1
For it is clear that even if such power existed it could extend only to such shipрers and .travellers as' elected to file their claims with the master. The order referring the determination of claims for damages to a special master was declared to be’ “under Rule 15.”
2
*374
That rule relates to damages recoverable on bonds given when a restrаining order or temporary injunction is issued. Damages arising between May 11, 1911 (the date of the decree granting the permanent injunction) and July 18, 1913 (the date of the decree on mandate dismissing the bill) were not recoverable on the injunction bond.
Houghton
v.
Meyer,
The contention of the Railway Company that the “supplemental bill” should be sustained to prevent multiplicity of suits is also unfounded. Unless it is maintainable as an ancillary bill, the federal court was without jurisdiction as there was'no diversity of citizenship. But it was not ancillary to any relief properly within the scope of the decree dismissing the original bill. As an independent bill it is also without equity. The only common issue between the Railway Company and the several shippers and travellers, (namely, whether the rates promulgated by the Railroad Commission were confiscatory), had been settled by the decisiоn of this court. In no other respect have shippers and travellers a common interest. The claims of each present a separate controversy unconnected with that of any of the others. This is obviously true as to all issues of fact which will arise in considering thеir several claims. And the bill contains no allegation or even suggestion that a controverted question of law, common to all the claims, is involved, which will determine their right to recover or even that there is involved a question of law not fundamental in which they have a *376 cоmmon interest.- It might be a convenience to the Railway Company.to have these numerous claims of shippers determined by the master in the District Court; but such a course would certainly involve great inconvenience to many of the shippers. The bill cannot be maintainеd as one to prevent multiplicity of suits.
Affirmed.
Notes
The condition prescribed was: “that'it shall, on and after July 1st, 1909, issue to each person purchasing a ticket or paying cash fare upon the train from one point in the State of Arkansas to another point in the same State, and сonfined exclusively to intrastate travel, a certificate or coupon showing the amount paid by such passenger for such ticket and the date thereof; and to every shipper or consignee when paying freight on any commodity shipped from one part of the State of Arkansas to another part and which is wholly the subject of intrastate traffic, a receipt or freight bill, showing the amount charged for *371 the carriage of such freight, and also endorse on the same bill the amount or rate which would have been charged had thе inhibited rate continued in force; which receipt or coupon or freight bill shall be prima facie evidence of the amount paid and the date of payment..”
In
In re Louisville,
Rule 15 is as follows: “In all cases in which an injunction has been granted, and a bond executed by the complainants, damages sustained by the party enjoined, in case the injunction is dissolved, may be assessed in the same proceeding, either by the court or by reference to a master, *374 аnd judgment entered in the same action against the sureties on the bond; provided, however, that unless the damages are thus assessed in the cause, or a judgment entered that the party enjoined is entitled to no damages by reason of the improper granting of the injunction, hе may proceed on the bond in an action at law without any further order or leave of the court.”
The allegations of the supplemental bill are: “Complainant alleges that [by?] the final decree entered in the aforesaid cause on the 11th day of May; 1911,,'herеinbefore referred to, it was ordered that the bond for injunction filed by the complainant be released and the sureties thereon discharged from further liability, and it is advised and avers that the effect of said order was to relieve complainant of all liability under said bond and preclude any recovery of damages on said bond or by reason of or growing out of the injunctions ordered in the aforesaid cause.
“Complainant avers that upon the rendition of the final decree in ¿aid cause perpetuating and making the temporary injunction theretofore granted permanent said bonds ceased, by operation of law, to *375 have any effect, and complainant is not liable for any damage that may have accrued to any passenger or shipper on its line of railroad after the rendition of the final decree perpetuating and making the temporary injunction permanent.”