Los Angeles & S. L. R. v. United States

This suit was brought in this court, at the time, as now, consisting of one Circuit Judge and two District Judges, by petition (subsequently amended), for the purpose of obtaining tho annulment of an order of the Interstate Commerce Commission reporting the “final valuation” of the petitioner’s property under section 19a of the Interstate Commerce Act. The defendant and intervening defendants objected to the jurisdiction of this court in the matter, which objection was disposed of by its decision, rendered March 16, 1925, and reported in 4 F.(2d) at page 736, where will be found reference to the acts of Congress conferring jurisdiction upon the court, which need not he restated here, but only such provisions of the statutes as are pertinent to tho matters we have now to decide.

On the hearing before the court of the petition as amended, a large amount of evidence was introduced on the part of the petitioner, which was not submitted to or heard by the Commission, before or at the time of its report and order complained of. Congress on March 1, 1913 ( 37 Stat. 701 [Comp. St. § 8591]), passed an act entitled “An act to-amend an act entitled (An act to regulate-commerce,’ approved…