Palmer v. Massachusetts, 308 U.S. 79 (1939). · Go Syfert
Palmer v. Massachusetts, 308 U.S. 79 (1939). Cases Citing This Book View Copy Cite
499 citation events (34 in the last 25 years) across 48 distinct courts.
Strongest positive: Midlantic National Bank v. New Jersey Department of Environmental Protection (scotus, 1986-03-24)
Treatment trajectory · 1940 → 2026 · click a year to view as-of
1940 1983 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Midlantic National Bank v. New Jersey Department of Environmental Protection (2×)
SCOTUS · 1986 · signal: see · quote attribution · 2 verbatim quotes · confidence high
if this old and familiar power of the states was withdrawn when congress gave district courts bankruptcy powers over railroads, we ought to find language fitting for so drastic a change
examined Cited as authority (quoted) In Re: Ganess Maharaj (3×)
4th Cir. · 2012 · quote attribution · 3 verbatim quotes · confidence low
if this old and familiar power of the states was withdrawn when congress gave district courts bankruptcy powers over railroads, we ought to find language fitting for so drastic a change.
examined Cited as authority (quoted) In Re Penn Central Transportation Company (3×)
Regl. Rail Reorg. Act · 1974 · quote attribution · 3 verbatim quotes · confidence low
he power of the district courts to permit abandonments is specifically conditioned on authorization by the commission
cited Cited as authority (rule) SuperValu, Inc. v. UFCW Unions and Employers Midwest Pension Fund
7th Cir. · 2025 · confidence medium
If they are not, “attempted interpretation of legislation becomes legislation itself.” Id. (quoting Palmer v. Massachusetts, 308 U.S. 79, 83 (1939)).
cited Cited as authority (rule) Neurelis Inc. v. Califf
D.D.C. · 2025 · confidence medium
Cir. 2020) (quoting King v. Burwell, 576 U.S. 497–98 (2015) (itself quoting Palmer v. Massachusetts, 308 U.S. 79, 83 (1939))).
discussed Cited as authority (rule) Earl v. The Boeing Company
E.D. Tex. · 2021 · confidence medium
Nevertheless, the Court proceeds with caution, for relying on “context and structure in statutory interpretation is a ‘subtle business, calling for great wariness lest what professes to be mere rendering becomes creation and attempted interpretation of legislation becomes legislation itself.’” King v. Burwell, 576 U.S. 473, 498 (2015) (quoting Palmer v. Massachusetts, 308 U.S. 79, 83 (1939)).
discussed Cited as authority (rule) State of Michigan v. DeVos
N.D. Cal. · 2020 · confidence medium
“Reliance on context and structure in statutory interpretation is a 5 ‘subtle business, calling for great wariness lest what professes to be mere rendering becomes 6 creation and attempted interpretation of legislation becomes legislation itself.’” King, 576 U.S. at 7 497-98 (quoting Palmer v. Massachusetts, 308 U.S. 79, 83 (1939)).
discussed Cited as authority (rule) Miller v. The United States of America
Bankr. D. Utah · 2020 · confidence medium
In cases similar to this one, the United States has declined to assert sovereign immunity as a defense to a § 548 claim, acknowledging that § 106(a)(1) has rendered it unavailable.56 But, as noted previously, § 544(b) employs non-bankruptcy law in furtherance of 51 See Richards v. Comm’r, 37 F.3d 587 , 588 n.3 (10th Cir. 1994) (“[The courts’] function is limited to interpreting the laws as written . . . .”). 52 King v. Burwell, 576 U.S. ----, ----, 135 S.Ct. 2480, 2495-96 (2015) (quoting Palmer v. Mass., 308 U.S. 79, 83 (1939)). 53 Williams, 514 U.S. at 531 (citing Dep’t of Energy…
discussed Cited as authority (rule) Eagle Pharmaceuticals, Inc. v. Alex Azar, II
D.C. Cir. · 2020 · confidence medium
Granted, “court[s] must . . . interpret the statute ‘as a symmetrical and coherent regulatory scheme,’ and fit, ‘if possible, all parts into an harmonious whole,’” FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 133 (2000) (citation omitted) (first quoting Gustafson v. Alloyd Co., 513 U.S. 561, 569 (1995); and then quoting FTC v. Mandel Bros., Inc., 359 U.S. 385, 389 (1959)), but “[r]eliance on context and structure in statutory interpretation is a ‘subtle business, calling for great wariness lest what professes to be mere rendering becomes creation and attempted interpr…
discussed Cited as authority (rule) United States v. Lonnie Lillard
9th Cir. · 2019 · confidence medium
“Reliance on context and structure in statutory interpretation is a ‘subtle business, calling for great wariness lest what professes to be mere rendering becomes creation and attempted interpretation of legislation becomes legislation itself.’” King v. Burwell, 135 S. Ct. 2480 , 2495–96 (2015) (quoting Palmer v. Massachusetts, 308 U.S. 79, 83 (1939)).
discussed Cited as authority (rule) State of Connecticut v. Zinke
D.D.C. · 2018 · confidence medium
“Reliance on context and structure in statutory interpretation is a ‘subtle business, calling for great wariness lest what professes to be mere rendering becomes creation and attempted interpretation of legislation becomes legislation itself.’” King, 135 S. Ct. at 2495–96 (citing Palmer v. Massachusetts, 308 U.S. 79, 83 (1939)).
cited Cited as authority (rule) The Association Of Mexican-American Educators v. State Of California
unknown court · 2000 · confidence medium
Palmer v. Massachusetts, 308 U.S. 79, 84 (1939); see also Will v. Michigan Dep't of State Police, 491 U.S. 58, 65 (1989).
discussed Cited as authority (rule) Illinois Commerce Commission v. Interstate Commerce Commission (2×)
D.C. Cir. · 1989 · confidence medium
Co. v. Kalo Brick & Tile Co., supra note 41, 450 U.S. at 320 , 101 S.Ct. at 1131-1132, 67 L.Ed.2d at 267 (citing Palmer v. Massachusetts, 308 U.S. 79, 85 , 60 S.Ct. 34, 37 , 84 L.Ed. 93, 98 (1939)) 44 49 U.S.C.
examined Cited as authority (rule) Illinois Commerce Commission v. Interstate Commerce Commission (5×) also: Cited "see, e.g."
D.C. Cir. · 1989 · confidence medium
Co. v. Kalo Brick & Tile Co., supra note 41, 450 U.S. at 320 , 101 S.Ct. at 1131-1132, 67 L.Ed.2d at 267 (citing Palmer v. Massachusetts, 308 U.S. 79, 85 , 60 S.Ct. 34, 37 , 84 L.Ed. 93, 98 (1939)). . 49 U.S.C. § 10907 (b)(1) (1982), quoted more fully supra note 2. .
discussed Cited as authority (rule) Martin Fireproofing Profit-Sharing Plan & Trust v. Commissioner
Tax Ct. · 1989 · confidence medium
At best this is subtle business, calling for great wariness lest what professes to be mere rendering becomes creation and attempted interpretation of legislation becomes legislation itself. [Palmer v. Massachusetts, 308 U.S. 79, 83 (1939).] Chabot, Kórner, Swift, Wright, and Williams, JJ., agree with this dissent.
discussed Cited as authority (rule) Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.
SCOTUS · 1981 · confidence medium
So broad is this power that it extends even to approval of abandonment of purely local lines operated by regulated carriers when, in the Commission’s judgment, “the over-riding interests of interstate commerce requirfe] it.” Palmer v. Massachusetts, 308 U. S. 79, 85 (1939).
discussed Cited as authority (rule) West Helena Savings & Loan Ass'n v. Federal Home Loan Bank Board
E.D. Ark. · 1976 · confidence medium
It has long been held that in ascertaining the scope of federal legislation due regard for the proper adjustment of local and national interests under our federal system must be taken into account, Stefanelli v. Minard, 342 U.S. 117 , 72 S.Ct. 118 , 96 L.Ed. 138 (1951). *229 In Palmer v. Massachusetts, 308 U.S. 79, 83 , 60 S.Ct. 34, 36 , 84 L.Ed. 93, 97 (1939) the Court made the following statement which is directly applicable here: And so we have one of those problems in the reading of a statute wherein meaning is sought to be derived not from specific language but by fashioning a mosaic of s…
discussed Cited as authority (rule) United States Court of Appeals, Sixth Circuit
6th Cir. · 1975 · confidence medium
In view of the judicial history of railroad receiverships and the extent to which § 77 made judicial action dependent on approval by the Interstate Commerce Commission, it would violate the traditional respect of Congress for local interests and for the administrative process to imply power in a single judge to disregard state law over local activities of a carrier the governance of which Congress has withheld even from the Interstate Commerce Commission, except as part of a complete plan of reorganization for an insolvent road. 308 U.S. at 87-88 , 60 S.Ct. at 38 (footnotes omitted) 9 Appella…
discussed Cited as authority (rule) In re Erie Lackawanna Railway Co.
6th Cir. · 1975 · confidence medium
In view of the judicial history of railroad receiverships and the extent to which § 77 made judicial action dependent on approval by the Interstate Commerce Commission, it would violate the traditional respect of Congress for local interests and for the administrative process to imply power in a single judge to disregard state law over local activities of a carrier the governance of which Congress has withheld even from the Interstate Commerce Commission, except as part of a complete plan of reorganization for an insolvent road. 308 U.S. at 87— 88, 60 S.Ct. at 38 (footnotes omitted) Appella…
discussed Cited as authority (rule) In the Matter of the Central Railroad Company of New Jersey, Debtor. Appeal of State of New Jersey (2×)
3rd Cir. · 1974 · confidence medium
Section 77(f), 11 U.S.C. 205(f). . 308 U.S. at 88 , 60 S.Ct. at 38 (citation omitted). . 399 U.S. 392 , 90 S.Ct. 2054 , 26 L.Ed.2d 691 (1970). .
discussed Cited as authority (rule) Weaver Et Ux. v. Hutson, Trustee in Reorganization
SCOTUS · 1972 · confidence medium
As we stated in Palmer v. Massachusetts, 308 U.S. 79, 87 [ 60 S.Ct. 34 , 84 L.Ed. 93 ], '. . . the whole scheme of § 77 leaves no doubt that Congress did not mean to grant to the district courts the same scope as to bankrupt roads that they may have in dealing with other bankrupt estates." 328 U.S., at 133, n. 5 , 66 S.Ct. 947 . 7 Because the decision of the Court of Appeals appears to depart from the views of the Court expressed in Finn , I would grant the petition for certiorari and set the case for argument. * The petitioner argued, Brief of Petitioner, pp. 4-5, 11: 'The fundamental purpos…
discussed Cited as authority (rule) United States v. Bass (2×)
SCOTUS · 1971 · confidence medium
Cf. Auto Workers v. Wisconsin Board, 351 U. S. 266, 274-275 (1956); Palmer v. Massachusetts, 308 U. S. 79, 83-84 (1939); Leiter Minerals, Inc. v. United States, 352 U. S. 220, 225-226 (1957). [17] H.
discussed Cited as authority (rule) City of Carmel-By-The-Sea v. Young (2×)
Cal. · 1970 · confidence medium
They are instruments of government...." ( United States v. Shirey (1959) 359 U.S. 255, 260 [ 3 L.Ed.2d 789, 793 , 79 S.Ct. 746 ].) Again and again he taught us that a court is bound "to find that interpretation which can most fairly be said to be embedded in the statute, in the sense of being most harmonious with its scheme and with the general purposes that [the legislative body] manifested" ( N.L.R.B. v. Lion Oil Co. (1957) 352 U.S. 282, 297 [ 1 L.Ed.2d 331, 342 , 77 S.Ct. 330 ]), and a court's duty is to derive meaning "not from specific language but by fashioning a mosaic of significance o…
discussed Cited as authority (rule) New Orleans Terminal Co. v. Spencer
E.D. La. · 1965 · confidence medium
The Court continued : “We recently stated that the extension of federal control into these traditional local domains is a ‘delicate exercise of legislative policy in achieving a wise accommodation between the needs of central control and the lively maintenance of local institutions.’ Palmer v. [Commonwealth of] Massachusetts, 308 U.S. 79, 84 [ 60 S.Ct. 34 , 84 L.Ed. 93 ].
discussed Cited as authority (rule) Hartford Electric Light Co. v. Federal Power Commission
2d Cir. · 1942 · confidence medium
Tnc., 312 U.S. 349 , 61 S.Ct. 580, 582 , 85 L.Ed. 881 ; Palmer v. Massachusetts, 308 U.S. 79, 83, 84 , 60 S.Ct. 34 , 84 L.Ed. 93 , and A. A. Kirschbaum v. Walling, Administrator, 316 U.S. 517 , 62 S.Ct. 1116 , 86 L.Ed. -, i.e., that, having “due regard for a proper adjustment of the local and national interests in our federal scheme,” [ 312 U.S. 349, 351 ], 61 S. Ct. 580, 582 , 85 L.Ed. 881 , the courts should discountenance “in roads by implication on state authority,” [ 308 U.S. 79, 84 , 60 S.Ct. 37 , 84- L.Ed. 93], and that a Congressional intent to extend federal regulation should …
discussed Cited as authority (rule) In Re Western Pac. R. Co.
N.D. Cal. · 1940 · confidence medium
The allowances hereby granted, and the payment thereof, are without prejudice to any right to file further petitions with respect to the period subsequent to October 31, 1939, or any right of any mortgage trustee under such mortgage for compensation for services rendered, or for reimbursement of expenses (including counsel fees) incurred, pursuant to such mortgage but not in connection with the Proceeding and Plan of Reorganization; and the Court retains jurisdiction in respect thereof. 1 11 U.S.C.A. § 205 . 2 Warren et al. v. Palmer et al., 60 S.Ct. 865, 867 , 84 L.Ed. —, decided by the Su…
cited Cited as authority (rule) Warren v. Palmer
SCOTUS · 1940 · confidence medium
J. 626. 6 Palmer v. Massachusetts, 308 U. S. 79, 87, note 14 . 7 § 77 (c) (6).
examined Cited "see" John Guido v. Mount Lemmon Fire District (3×)
9th Cir. · 2017 · signal: see · confidence high
See id. at 2495-96 (citing Palmer v. Massachusetts, 308 U.S. 79, 83 , 60 S.Ct. 34 , 84 L.Ed. 93 (1939)).
cited Cited "see" State v. Myers
Neb. · 1999 · signal: see · confidence high
See, Batson v. Kentucky, 476 *308 U.S. 79, 106 S. Ct. 1712 , 90 L.
examined Cited "see" Begley v. Philadelphia Electric Co. (3×)
3rd Cir. · 1985 · signal: see · confidence high
See Palmer v. Massachusetts, 308 U.S. 79 , 60 S.Ct. 34 , 84 L.Ed. 93 (1939); In Re Central R.R. of New Jersey, 485 F.2d 208 (1973) (in banc).
examined Cited "see" Begley, Josephine and Daniel v. Philadelphia Electric Co. Appeal of Philadelphia Electric Company. Begley, Josephine and Daniel v. Philadelphia Electric Co. Appeal of Philadelphia Electric Company (3×)
3rd Cir. · 1985 · signal: see · confidence high
See Palmer v. Massachusetts, 308 U.S. 79 , 60 S.Ct. 34 , 84 L.Ed. 93 (1939); In Re Central R.R. of New Jersey, 485 F.2d 208 (1973) (in banc). 25 In Florida Lime Growers, state quality standards for avocados more restrictive than the federal standards were upheld against a pre-emption challenge, as the two standards could co-exist.
examined Cited "see" New York, New Haven & Hartford Railroad v. United States (3×)
S.D.N.Y. · 1969 · signal: see · confidence high
See Palmer v. Massachusetts, 308 U.S. 79 , 60 S.Ct. 34 , 84 L.Ed. 93 (1939); Meyers v. Jay St.
examined Cited "see" Thermoid Western Co. v. Union Pacific Railroad Co. (3×)
Utah · 1961 · signal: see · confidence high
See 234 U.S. 342 , at page 350, 34 S.Ct. 833 , at page 836. . 49 U.S.O.A. § 13(4). . 308 U.S. 79 , 60 S.Ct. 34, 37 , 84 L.Ed. 93 . . 325 U.S. 507 , 65 S.Ct. 1260, 1263 , 89 L.
examined Cited "see" Chicago, Burlington & Quincy Railroad v. Municipalities of Holdrege (3×)
Neb. · 1950 · signal: see · confidence high
See, Palmer v. Massachusetts, 308 U. S. 79 , 60 S. Ct. 34 , 84 L.
examined Cited "see" Delzell v. Flagg (3×)
D. Or. · 1943 · signal: see · confidence high
See Rule 23, Federal Rules of Civil Procedure, 28 U.S.C.A. . § 257, Acts Relating to Bankruptcies, 11 U.S.C.A. § 657 . . 308 U.S. 79, 87-88 , 60 S.Ct. 34, 38 , 84 L.Ed. 93 . .
cited Cited "see" Bankers Trust Co. v. Palmer
2d Cir. · 1940 · signal: see · confidence high
See Palmer v. Massachusetts, 60 S.Ct. 34 , 84 L.Ed. -, decided by the Supreme Court November 6, 1939.
discussed Cited "see, e.g." Cutler v. Kbr Luxury, Inc.
D.D.C. · 2024 · signal: see also · confidence medium
Cir. 2001)); see also King v. Burwell, 576 U.S. 473, 498 (2015) (“Reliance on 5 context and structure in statutory business is a ‘subtle business’” (quoting Palmer v. Massachusetts, 308 U.S. 79, 83 (1939))).
examined Cited "see, e.g." Robinson v. Michigan Consolidated Gas Co. (3×)
6th Cir. · 1990 · signal: see also · confidence low
Sec. 554 (a) "in contravention of a state statute or regulation that is reasonably designed to protect the public health or safety from identified hazards." 474 U.S. at 507 , 106 S.Ct. at 762. 10 59 Explaining its holding, the Court wrote: "If Congress wishes to grant the trustee an extraordinary exemption from nonbankruptcy law, 'the intention would be clearly expressed, not left to be collected or inferred from disputable considerations of convenience in administering the estate of the bankrupt.' " 474 U.S. at 501 , 106 S.Ct. at 759 (quoting Swarts v. Hammer, 194 U.S. 441, 444 , 24 S.Ct. 695…
examined Cited "see, e.g." Robinson v. Michigan Consolidated Gas Co. (3×)
6th Cir. · 1990 · signal: see also · confidence low
First, we note that although the federal district courts and bankruptcy courts have jurisdiction over the property of a title 11 debtor under section 1334(d), this fact alone does not determine what law controls the disposition of the property. 9 In Midlantic National Bank v. New Jersey Department of Environmental Protection, 474 U.S. 494, 501 , 106 S.Ct. 755, 759 , 88 L.Ed.2d 859 (1986), the Supreme Court held that a bankruptcy court had no authority to authorize abandonment of an asset pursuant to 11 U.S.C. § 554 (a) “in contravention of a state statute or regulation that is reasonably de…
examined Cited "see, e.g." Vaspourakan, Ltd. v. Licensing Board for the City of Boston (3×)
D. Mass. · 1988 · signal: see, e.g. · confidence low
See, e.g., Palmer v. Massachusetts, 308 U.S. 79 , 90 n. 17, 60 S.Ct. 34 , 39 n. 17, 84 L.Ed. 93 (1939) (holding that “Congress did not intend that those who operated a business under the control of a federal court [including trustees in bankruptcy] should be immune from the regulatory authority of the several states”); Colonial Tavern, Inc. v. Byrne, 420 F.Supp. 44, 45 (D.Mass.1976) (holding that “the powers of a Bankruptcy Court do not extend to interference in the comprehensive regulatory laws of a state” and affirming the Bankruptcy Court’s refusal to grant a preliminary injunctio…
examined Cited "see, e.g." In The Matter Of Chicago, Rock Island And Pacific Railroad Company, Debtor (3×)
7th Cir. · 1976 · signal: see also · confidence low
See also Palmer v. Massachusetts, 308 U.S. 79 , 86--7, 60 S.Ct. 34 , 84 L.Ed. 93 (1939); 6 New Haven Inclusion Cases, 399 U.S. 392, 431 , 90 S.Ct. 2054 , 26 L.Ed.2d 691 (1970). 17 It is apparent that the competing statutory provisions relied on by the parties merely represent the multiple, and at times conflicting, purposes which Section 77 is designed to achieve.
examined Cited "see, e.g." Gibbons v. Atchison, Topeka & Santa Fe Railway Co. (3×)
7th Cir. · 1976 · signal: see also · confidence low
See also Palmer v. Massachusetts, 308 U.S. 79, 86-7 , 60 S.Ct. 34 , 84 L.Ed. 93 (1939); 6 New Haven Inclusion Cases, 399 U.S. 392, 431 , 90 S.Ct. 2054 , 26 L.Ed.2d 691 (1970).
discussed Cited "see, e.g." Schwabacher v. United States (2×)
SCOTUS · 1948 · signal: see also · confidence low
See also Palmer v. Massachusetts, 308 U.S. 79 .
discussed Cited "see, e.g." Webster & Atlas Nat. Bank v. Palmer (2×)
2d Cir. · 1940 · signal: see also · confidence medium
See also Palmer v. Massachusetts, supra, 308 U.S. at page 90, n. 17 , 60 S.Ct. 34 , 84 L.Ed. -.
Retrieving the full opinion text from the archive…
PALMER Et Al., TRUSTEES,
v.
MASSACHUSETTS
7.
Supreme Court of the United States.
Nov 6, 1939.
308 U.S. 79
Mr. Edward R. Brumley, with whom Messrs. Fred N. Oliver, Willard P. Scott, Oscar M. Shaw, and R. Ammi Cutter were on the brief, for petitioners., Mr. Edward O. Proctor, Assistant Attorney General of Massachusetts, with whom Mr. Paul A. Dever, Attorney General, was on the brief, for respondent.
Frankfurter, Butler.
Cited by 178 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #33,125 of 633,719
Citer courts: Fourth Circuit (3) · Special Court under the Region… (3)
[*81] Mr. Justice Frankfurter

delivered the opinion of the Court.

October 23, 1935, opened another chapter in the long history of the vicissitude's of the New York, New Haven and Hartford Railroad Company. [1] By filing a petition for reorganization under § 77 of the Bankruptcy Act (47 Stat. 1474, as amended by 49 Stat. 9.11 and 49 Stat. 1969,[*82] 11 U. S. C. § 205), the New Haven- invoked the shelter of the United States District Court for the District of Connecticut. There it has since remained. An episode in this new chapter, already four years old, is presented by this case. We brought it here, 306 U. S. 627, because it raises important questions under the railroad bankruptcy law, particularly where it intersects the regulatory systems of the states. The District Court assumed power to supplant the relevant authority of the state— an authority which, apart from proceedings under § 77, has not been conferred by Congress either upon the federal courts or the Interstate Commerce Commission. The Circuit Court of Appeals, one judge dissenting, reversed the District Court, Converse v. Massachusetts, 101 F. 2d 48.

A summary of the facts will lay bare the legal issues. On December 28, 1937, the bankruptcy Trustees of the New Haven, acting under the requirements of Massachusetts law, [2] applied to that Commonwealth’s Department of Public Utilities for leave to abañdon eighty-eight passenger stations. [3] Twenty-one hearings were held by[*83] the Department on the questions raised by this application. During the pendency of these hearings and before the Department had taken any'action, the present litigation was initiated in the New Haven bankruptcy proceedings by creditors of the debtor for an order directing the Trustees to abandon. these local services. The Trustees joined in the prayer, while the Commonwealth denied the jurisdiction of the District Court and asked that the proceedings before the Department be allowed to reach fruition. The District Judge ruled that § 77 gave him the responsibility of disposing of the petition on its merits and, having taken evidence, gave the very relief for which the Trustees had applied to the Department and which was still in process of orderly consideration.

Plainly enough the District Court had no power to deal with a matter in the keeping of state authorities unless Congress gave it. And so we have one of- those problems in the reading of a statute wherein meaning is sought to be derived not from specific language but by fashioning a mosaic of significance out of the innuendoes of disjointed bits of a statute. At best this is subtle business, calling for great wariness lest what professes to be mere rendering becomes creation and attempted interpretation of legislation becomes legislation itself. Especially is wariness enjoined when the problem of con[*84] struction implicates one of the recurring phases of our federalism and involves striking a balance between national and state authority in one of the most sensitive areas of government.

To be sure, in recent years Congress has from time to time exercised authority over purely intrastate activities of an interstate carrier when, in the judgment of Congress, an interstate carrier constituted, as a matter of economic fact, a single organism and could not effectively be regulated as to some of its interstate phases without drawing local business within the regulated sphere. [4] But such absorption of state authority is a delicate exercise of legislative policy in achieving a wise accommodation between the needs of central control and the lively maintenance of local institutions. [5] Therefore, in construing legislation this court has disfavored inroads by implication on state authority and resolutely confined restrictions upon the traditional power of states to regulate their local transportation to the plain mandate of Congress. Minnesota Rate Cases, 230 U. S. 352; cf. Kelly v. Washington ex rel. Foss Co., 302 U. S. 1.

The dependence of local communities on local railroad services has for decades placed control over their curtailment within the regulatory authorities of the states. [6][*85] Even when the Transportation Act in 1920 gave the Interstate Commerce Commission power to permit abandonment of local lines when the over-riding interests of interstate commerce required it, Colorado v. United States, 271 U. S. 153, [7] this was not deemed to confer upon the Commission jurisdiction over curtailments of service and partial discontinuances. Public Convenience Application of Kansas City Southern Ry., 94 I. C. C. 691; see Proposed. Abandonment, Morris & Essex Co., 175 I. C. C. 49. If this old and familiar power of the states was withdrawn when Congress gave district courts bankruptcy powers over railroads, we ought to find language fitting for so drastic a change.

We are asked to find it in § 77 (a) granting to the bankruptcy' court “exclusive jurisdiction of the debtor and its property wherever located,” [8] and in § 77 (c) (2) permitting the trustees, subject to the court’s control, “to operate the business of the debtor.” [9] In order to expedite the reorganization of insolvent railroads, such broad and general provisions doubtless suffice to confer[*86] upon the district courts power appropriate for adjusting property rights in the railroad debtor’s estate and, as to such rights, beyond that in ordinary bankruptcy proceedings. Cf. Continental Bank v. Chicago, R. I. & P. Ry. Co., 294 U. S. 648. But the District Court claimed power over the carrier’s relation to the state. It has become the settled social policy both of the states and the nation to entrust the type of public interest here in question to expert administrative agencies because of “the notion,” as Judge Learned Hand pointed out below, “that a judge is not qualified for such duties.” [10]

Not only is there no specific grant of the power which the District Court exercised, but the historic background of § 77, the considerations governing Congress in its enactment, and the scheme of the legislation as disclosed by its specific provisions reject the claim. Until the amendment of March 3, 1933, railroads were outside the Bankruptcy Act. [11] But the long history of federal railroad receiverships, with the conflicts they frequently engendered between the federal courts and the public, left an enduring conviction that a railroad was not like an ordinary insolvent estate. [12] Also an insolvent railroad, it was realized, required the oversight of agencies specially charged with the public interest represented by the transportation system. Indeed, when, in the depth of[*87] the depression, legislation was deemed urgent to meet the grave crisis confronting the railroads, there was a strong sentiment in Congress to withdraw from the courts control over insolvent railroads and lodge it with the Interstate Commerce Commission. [13] Congress stopped short of this remedy. But the whole scheme of § 77 leaves no doubt that Congress did not mean to grant to the district courts the same scope as to bankrupt roads that they may have in' dealing with other bankrupt estates.

The judicial process in bankruptcy proceedings under § 77 is, as it were, brigaded with the administrative process of the Commission. From the requirement of ratification by the Commission of the trustees appointed by the court to the Commission’s approval of the court’s plan of reorganization the authority of the court is intertwined with that of the Commission. [14] Thus, in § 77 (e) and[*88] § 77 (o) the power of the district courts to permit aban-donments is specifically conditioned on authorization of such abandonments by the Commission. In view of the judicial history of railroad receiverships and the extent to which § 77 made judicial action dependent on approval by the Interstate Commerce Commission, it would violate the traditional respéct of Congress for local interests and for the administrative process to imply power in a single judge to disregard state law over local activities of a carrier the governance of which -Congress has withhold even from the Interstate Commerce- Commission, except as part of a complete plan of reorganization for an insolvent road. [15] About a fourth of the railroad mileage of[*89] the country is now in bankruptcy. [16] The petitioners ask us to say that district judges in twenty-nine stated have effective power, in view of the weight which often attaches to findings at nisi prius, to set aside the regulatory systems of these twenty-nine states with all the consequences implied for those communities. Congress gave no such power.

Arguments of convenience against denial of the existence of this power have been strongly pressed upon us. Continuance of state control over these local passenger services will, it is urged, impair the bankruptcy court’s power to formulate a reorganization plan for the approval of the Interstate Commerce Commission. Such em-, barrassments, due either to the time required for exhaustion of the orderly state procedure or to the financial losses that may be involved in the continuance of local services until duly terminated by the state, may easily be exaggerated. It is not without significance that after four years no reorganization plan for the New Haven has yet been evolved. Perhaps it is no less true that amenability to state laws will serve as incentive to the formulation of reorganization plans which, on approval by the Commission, do supplant state authority. But, in any event, against possible inconveniences due to observance of state law we must balance the feelings of local communities, the dislocation of their habits and the over-riding of expert state agencies by a single judge sitting, as in this case, in another state, removed from familiarity with local problems, and not necessarily gifted with statesman-like imagination, that transcends the wisdom of local attachments.

[*90] Other arguments, drawn from the legislative history of § 77 and from the general equity powers conferred by § 77(a) and § (77) (c)(2), [17] were urged but we deem it unnecessary to say more.

The decree below is

Affirmed.

Mr. Justice Butler took no part in the consideration and decision of this cause.
1

Brandéis, “Financial Condition of the New York, New Haven and Hartford Railroad Co.” (1907); The New England Investigation, 27 I. C. C. 560 (1913); In re Financial Transactions of the New York, New Haven and Hartford Railroad Co., 31 I. C. C. 32 (1914); Report of the Joint New England Railroad Committee to the Governors of the New England States. (Storrow Report.) (1923.)

2

Mass. Gen. Laws (Ter. Ed.) c. 160, § 128, provides: “A railroad corporation which has established and maintained a passenger station throughout the year for five consecutive years at any point upon its railroad shall not abandon such station . . . nor substantially diminish the accommodation furnished by the stopping of trains thereat as compared with that furnished at other stations on the same railrpad, except with the written approval of the department [of Public Utilities] after notice posted in and on said station for a period of thirty days immediately preceding a public hearing thereon.”

See also Mass. Gen. Laws (Ter. Ed.) c. 15'9, § 16, vesting general control over intrastate railway services in the Department of Public Utilities.

3

The application also sought'permission to effect certain other curtailments of passenger service.' Some of the stations were situated on the lines of the New Haven, most of them on the lines of the Old[*83] Colony Railroad, and some on the lines of the Boston and Providence Railroad.

The New Haven in 1893 leased for 99 years all the properties of the Old Colony, including the Boston and Providence lines which the Old Colony had leased for 99 years in 1888. On June 1, 1936, the New Haven Trustees disaffirmed, as they were empowered to do under § 77, the Old Colony lease. After the disaffirmance the New Haven operated the lines on account of the Old Colony, On June 3,1936, the Old Colony itself commenced proceedings under § 77. The Trustees of the New Haven were then appointed trustees for the Old Colony.

4

E. g., The Shreveport Cases, 234 U. S. 342; Railroad Comm’n of Wisconsin v. Chicago, B. & Q. R. Co., 257 U. S. 563. See I Sharfman, “The Interstate Commerce Commission,” pp. 82-86, 219-225. For the careful observance of state interests in applying the Shreveport doctrine, see Illinois Central R. Co. v. Public Utilities Comm’n, 245 U. S. 493 and Florida v. United States, 282 U. S. 194.

5

See Clark, “The Rise of a New Federalism,” pasdm.

6

The controlling Massachusetts statute has been in force since 1911. But Massachusetts has exercised control over its railroads through administrative machinery ever since the famous Adams Commission in 1869. See First Annual Report, Board of Railroad Commissioners of Massachusetts, Public Document No. 40, p p.’ 3-12 (1870); Hadley, “Railroad Transportation” (1885 ed.) pp. 136-139.

7

For illustration of the scrupulous regard for local authority and locál interests shown by the Commission in the exercise of its control over abandonments, see II Sharfman, “The Interstate Commerce Commission,” pp. 264-269.

8

Section 77 (a), 47 Stat. 1474, as amended in 1935 by 49 Stat. 911, 11 U. S. C. § 205 (a) provides so far as here relevant: “If the petition is so approved, the court in which such order is entered shall, during the pendency of the proceedings under this section and - for the purposes thereof, have exclusive jurisdiction of the debtor and its property wherever located, and shall have and may exercise in addition to the powers conferred by this section all the powers, not inconsistent with this section, which a Federal court would have had if it had appointed a receiver in equity of the property of the debtor for any purpose.”

9

“The trustee or trustees so appointed . . . shall have . . . subject to the control of the judge and the jurisdiction of the Commission as provided ... the power to operate the business of the debtor.” § 77 (c) (2), 47 Stat. 1475, as amended by 49 Stat. 914-45, 11 U. S. C. § 205 (c) (2).

10

See Converse v. Massachusetts, 101 F. 2d 48, at 51.

11

See H. Rep. No. 1897, 72d Congress, 2d Session, p. 5.

12

See Chapter XXII “Railroad Receiverships” in I Gresham, “The Life of Walter Quintín Gresham,” pp.- 366-378; Jacobs “The Interstate Commerce Commission and Interstate Railroad Reorganizations,” 45 Harv. L. Rev. 855; Lowenthal “The Investor Pays.” See also remarks by Senator Wheeler, as Chairman of the Committee on Interstate Commerce, introducing the amendment of 1935, 79 Cong. Rec., Pt. 13, p. 13764.

13

See 76 Cong. Rec., Pt. 5, p. 5358 (remarks of Representative La-Guardia): “I would like to see the entire reorganization taken from the courts and placed in the Interstate Commerce Commission.” The suggestion for administrative receiverships originated with the late Chief Justice Taft, when Circuit Judge, in an address before the American Bar Association. Taft, “Recent Criticism of the Federal Judiciary,” Reports of the American Bar Association (1895) 237, 264.

14

Section 77 (c) (1) requires the appointment of trustees to be ratified by the Commission; §77 (c) (2) gives the Commission supervision over the compensation paid to trustees and their counsel; § 77 (c) (3) permits the issuance of trustees’ certificates only with the Commission’s approval; § 77 (c) (9) permits the Commission, on request of the court, to investigate facts pertaining to mismanagement of the debtor; § .77 (c) (10) empowers the Commission to set up accounts for the allocation of.earnings among the various portions of the debtor’s lines; § 77 (c) (11) empowers the Commission to file reports as to the debtor’s property, prospective earnings, etc., and gives to the facts stated in such reports a presumption of correctness; § 77 (c) (12) gives the Commission supervision over allowances for the expenses of[*88] various parties in interest in connection with the reorganization pro-, ceedings; §§ 77 (d) and 77 (e) give to the Commission control over any proposed plan of reorganization; § 77 (p) gives to the Commission control over the solicitation of proxies or deposit agreements.

See also H. Rep. No. 1897, 72d Congress, 2d Session, pp, 5-6; H. Rep. No. 1283, 74th Congress, 1st Session, pp. 3-5; S. Rep. No. 1336, 74th Cong., 1st Session, pp. 4-6; Report, Federal Coordinator of Transportation, 1934, H. Doc. No. 89, 74tb Cong., 1st Session, pp. 100-101; 76 Cong. Rec., Pt. 5, pp. 5108-5110; 79 Cong. Rec., Pt. 12, p. 13301, Pt. 13, pp. 13764, 13767.

15

“Upon confirmation of the plan, the debtor and any other corporation or corporations organized or to be organized for the purpose of carrying out the plan, shall have full power and authority to, and shall put into effect and carry out the plan and the orders of the judge relative thereto . . . the laws of any State or the decision or order of any Staté authority to the contrary notwithstanding.” § 77 (f).

The records of the Interstate Commerce Commission disclose that eight plans of reorganization have thus far been filed with the District Court in the New Haven proceedings and transmitted to the Interstate Commerce Commission. Proceedings before the Commission had progressed to the point where an examiner’s report was filed; but the report was withdrawn for further hearings. The present record fails to show what, if any, disposition of the Old Colony lines any of these plans proposed to make.

16

On October 23, 1939, there were 61,292.69 miles of railroad in bankruptcy- proceedings under § 77. This mileage includes lines in 29 states.

17

In re Tyler, 149 U. S. 164, and other decisions of this Court cited by petitioners deal with'attempts at “physical invasion” of the prop-» erties held in the custody of a federal court. See 149 U. S. at 182. Section 65 of the Judicial Code (36 Stat. 1104, 28 U. S. C. § 124) decisively indicates that Congress did not intend that those who operate a business under the control of a federal court should be immune from the regulatory authority of the several states any more than they are from their taxing power.