[211 U.S. 149, 150] The appellees (husband and wife), being residents and citizens of Kentucky, brought this suit in equity in the circuit court of the United States for the western district of Kentucky against the appellant, a railroad company and a citizen of the same state. The object of the suit was to compel the specific performance of the following contract:
Louisville, Ky., Oct. 2d, 1871
The Louisville & Nashville Railroad Company, in consideration that E. L. Mottley and wife, Annie E. Mottley, have this day released company from all damages or claims for damages for injuries received by them on the 7th of September, 1871, in consequence of a collision of trains on the railroad of said company at Randolph's Station, Jefferson County, Kentucky, hereby agrees to issue free passes on said railroad and branches now existing or to exist, to said E. L. & Annie E. Mottley for the remainder of the present year, and thereafter to renew said passes annually during the lives of said Mottley and wife or either of them.
The bill alleged that in September, 1871, plaintiffs, while passengers upon the defendant railroad, were injured by the defendant's negligence, and released their respective claims for damages in consideration of the agreement for transportation during their lives, expressed in the contract. It is alleged that the contract was performed by the defendant up to January 1, 1907, when the defendant declined to renew the passes. The bill then alleges that the refusal to comply with the con- [211 U.S. 149, 151] tract was based solely upon that part of the act of Congress of June 29, 1906 (34 Stat. at L. 584, chap. 3591, U. S. Comp. Stat. Supp. 1907, p. 892 ), which forbids the giving of free passes or free transportation. The bill further alleges: First, that the act of Congress referred to does not prohibit the giving of passes under the circumstances of this case; and, second, that, if the law is to be construed as prohibiting such passes, it is in conflict with the 5th Amendment of the Constitution, because it deprives the plaintiffs of their property without due process of law. The defendant demurred to the bill. The judge of the circuit court overruled the demurrer, entered a decree for the relief prayed for, and the defendant appealed directly to this court.
Mr. Henry L. Stone for appellant.
Messrs. Lewis McQuown and Clarence U. McElroy for appellees.
Mr. L. A. Shaver for Interstate Commerce Commission as amicus curiae.
Mr. Justice Moody, after making the foregoing statement, delivered the opinion of the court:
Two questions of law were raised by the demurrer to the bill, were brought here by appeal, and have been argued before us. They are, first, whether that part of the act of Congress of June 29, 1906 (34 Stat. at L. 584, chap. 3591, U. S. Comp. Stat. Supp. 1907, p. 892), which forbids the giving of free passes or the collection of any different compensation for transportation of passengers than that specified in the tariff filed, makes it unlawful to perform a contract for transportation of persons who, in good faith, before the passage of the act, had accepted such contract in satisfaction of a valid cause of action against the railroad; and, second, whether the statute, if it should be construed to render such a contract unlawful, is in [211 U.S. 149, 152] violation of the 5th Amendment of the Constitution of the United States. We do not deem it necessary, however, to consider either of these questions, because, in our opinion, the court below was without jurisdiction of the cause. Neither party has questioned that jurisdiction, but it is the duty of this court to see to it that the jurisdiction of the circuit court, which is defined and limited by statute, is not exceeded. This duty we have frequently performed of our own motion. Mansfield, C. & L. M. R. Co. v. Swan, 111 U.S. 379, 382 , 28 S. L. ed. 462, 463, 4 Sup. Ct. Rep. 510; King Iron Bridge & Mfg. Co. v. Otoe County, 120 U.S. 225 , 30 L. ed. 623, Sup. Ct. Rep. 552; Blacklock v. Small, 127 U.S. 96, 105 , 32 S. L. ed. 70, 73, 8 Sup. Ct. Rep. 1096; Cameron v. Hodges, 127 U.S. 322, 326 , 32 S. L. ed. 132, 134, 8 Sup. Ct. Rep. 1154; Metcalf v. Watertown, 128 U.S. 586, 587 , 32 S. L. ed. 543, 9 Sup. Ct. Rep. 173; Continental Nat. Bank v. Buford, 191 U.S. 120 , 48 L. ed. 119, 24 Sup. Ct. Rep. 54.
There was no diversity of citizenship, and it is not and cannot be suggested that there was any ground of jurisdiction, except that the case was 'suit . . . arising under the Constitution or laws of the United States.' 25 Stat. at L. 434, chap. 866, U. S. Comp. Stat. 1901, p. 509. It is the settled interpretation of these words, as used in this statute, conferring jurisdiction, that a suit arises under the Constitution and laws of the United States only when the plaintiff's statement of his own cause of action shows that it is based upon those laws or that Constitution. It is not enough that the plaintiff alleges some anticipated defense to his cause of action, and asserts that the defense is invalidated by some provision of the Constitution of the United States. Although such allegations show that very likely, in the course of the litigation, a question under the Constitution would arise, they do not show that the suit, that is, the plaintiff's original cause of action, arises under the Constitution. In Tennessee v. Union & Planters' Bank, 152 U.S. 454 , 38 L. ed. 511, 14 Sup. Ct. Rep. 654, the plaintiff, the state of Tennessee, brought suit in the circuit court of the United States to recover from the defendant certain taxes alleged to be due under the laws of the state. The plaintiff alleged that the defendant claimed an immunity from the taxation by virtue of its charter, and that therefore the tax was void, because in violation of the provision of the Constitution of the United [211 U.S. 149, 153] States, which forbids any state from passing a law impairing the obligation of contracts. The cause was held to be beyond the jurisdiction of the circuit court, the court saying, by Mr. Justice Gray (p. 464): 'A suggestion of one party, that the other will or may set up a claim under the Constitution or laws of the United States, does not make the suit one arising under that Constitution or those laws.' Again, in Boston & M. Consol. Copper & S. Min. Co. v. Montana Ore Purchasing Co. 188 U.S. 632 , 47 L. ed. 626, 23 Sup. Ct. Rep. 434, the plaintiff brought suit in the circuit court of the United States for the conversion of copper ore and for an injunction against its continuance. The plaintiff then alleged, for the purpose of showing jurisdiction, in substance, that the defendant would set up in defense certain laws of the United States. The cause was held to be beyond the jurisdiction of the circuit court, the court saying, by Mr. Justice Peckham (pp. 638, 639):
The interpretation of the act which we have stated was first announced in Metcalf v. Watertown, 128 U.S. 286 , 32 L. ed. 543, 9 Sup. Ct. Rep. 173, and has since been repeated and applied in Colorado Cent. Consol. Min. Co. v. Turck, 150 U.S. 138, 142 , 37 S. L. ed. 1030, 1031, 14 Sup. Ct. Rep. 35; Tennessee v. Union & Planters' Bank, 152 U.S. 454, 459 , 38 S. L. ed. 511, 513, 14 Sup. Ct. Rep. 654; Chappell v. Waterworth, 155 U.S. 102, 107 , 39 S. L. ed. 85, 87, 15 Sup. Ct. Rep. 34; Postal Teleg. Cable Co. v. United States (Postal Teleg. Cable Co. v. Alabama) 155 U.S. 482, 487 , 39 S. L. ed. 231, 232, 15 Sup. Ct. Rep. 192; Oregon Short Line & U. N. R. Co. v. Skottowe, 162 U.S. 490, 494 , 40 S. L. ed. 1048, 1049, 16 Sup. Ct. Rep. 869; Walker v. Collins, 167 U.S. 57, 59 , 42 S. L. ed. 76, 77, 17 Sup. Ct. Rep. 738; Muse v. Arlington Hotel Co. 168 U.S. 430, 436 , 42 S. L. ed. 531, 533, 18 Sup. Ct. Rep. 109; Galveston, H. & S. A. R. Co. v. Texas, 170 U.S. 226, 236 , 42 S. L. ed. 1017, 1020, 18 Sup. Ct. Rep. 603; Third Street & Suburban R. Co. v. Lewis, 173 U.S. 457, 460 , 43 S. L. ed. 766, 767, 19 Sup. Ct. Rep. 421; Florida C. & P. R. Co. v. Bell, 176 U.S. 321, 327 , 44 S. L. ed. 486, 489, 20 Sup. Ct. Rep. 399; Houston & T. C. R. Co. v. Texas, 177 U.S. 66, 78 , 44 S. L. ed. 673, 680, 20 Sup. Ct. Rep. 545; Arkansas v. Kansas & T. Coal Co. 183 U.S. 185, 188 , 46 S. L. ed. 144, 146, 22 Sup. Ct. Rep. 47; Vicksburg Waterworks Co. v. Vicksburg, 185 U.S. 65, 68 , 46 S. L. ed. 808, 809, 22 Sup. Ct. Rep. 585; Boston & M. Consol. Copper & S. Min. Co. v. Montana Ore Purchasing Co. 188 U.S. 632, 639 , 47 S. L. ed. 626, 631, 23 Sup. Ct. Rep. 434; Minnesota v. Northern Securities Co. 194 U.S. 48, 63 , 48 S. L. ed. 870, 877, 24 Sup. Ct. Rep. 598; Joy v. St. Louis, 201 U.S. 332, 340 , 50 S. L. ed. 776, 780, 26 Sup. Ct. Rep. 478; Devine v. Los Angeles, 202 U.S. 313, 334 , 50 S. L. ed. 1046, 1053, 26 Sup. Ct. Rep. 652. The application of this rule to the case at bar is decisive against the jurisdiction of the circuit court.
It is ordered that the judgment be reversed and the case remitted to the circuit court with instructions to dismiss the suit for want of jurisdiction.