Kansas v. Burleson/Opinion of the Court

by Edward Douglass White

United States Supreme Court

250 U.S. 188

Kansas  v.  Burleson

 Argued: May 5 and 6, 1919. ---

The state of Kansas, invoking the original jurisdiction of this court, filed its bill to enjoin the Postmaster General from enforcing and the defendant corporation from giving effect to a schedule of telephone rates whic the Postmaster General had established and which he had directed should be applied for telephone services rendered on lines which were in the control and possession of the United States and were being operated as governmental agencies in virtue of the resolution of Congress and the proclamation of the President referred to and considered in the Dakota Central Telephone Case (just announced) 250 U.S. 163, 39 Sup. Ct. 507, 63 L. Ed. --.

The defendants, insisting that the suit was not in substance against an officer to restrain the doing of unauthorized acts, but was really one to prevent an official of the United States from discharging his duty under a law of the United States, both disputed the merits and challenged the jurisdiction. The case was heard coincidentally with the Dakota Central Case this day decided. As the ruling in that case establishes the want of foundation for the contention made in this, as to the illegality of the acts of the officer complained of, it follows also that what was stated in that case as to the form of our decree is likewise here controlling and for the reasons there stated in this as in that case our decree must be and is one of dismissal of the bill.

And it is so ordered.

Mr. Justice BRANDEIS dissents.

Notes