morgan argued april decided may robert jackson sol appellants frederick wood new york city john gage kansas city appellees justice stone delivered opinion appeal asked determine proper disposition made fund paid pending suit instituted set aside order secretary agriculture reducing scheduled rates services rendered kansas city stockyards fund made difference scheduled rates prescribed secretary order ultimately set aside morgan without consideration merits failure secretary follow procedure prescribed statute june secretary agriculture promulgated order packers stockyards act stat setting aside schedule maximum rates charged stockyard services filed market agencies kansas city stockyards prescribing new lower rate schedule future suit brought district western missouri appellees conducting market agencies kansas city stockyards set aside order confiscatory rendered without procedural due process july entered temporary restraining order enjoining enforcement secretary order upon condition appellees clerk monday every week thereafter order extension thereof may remain force effect pending final disposition cause full amount charges collected schedule rates effect exceeds amount collected rates prescribed order secretary together verified statement names addresses persons upon whose behalf amounts collected petitioner two appeals reversed final decree district sustained order secretary held accorded appellees hearing act requires without considering merits remanded cause proceedings morgan petition rehearing part ground mandate made provision distribution fund paid district pursuant restraining order denied memorandum opinion stating questions raised appropriately district cause remanded proceedings opinion added remand case district proceedings conformity opinion proceedings secretary may see fit take light decision determinations may made district relation ceedings matters attempt forecast hypothetically decide pages page remand secretary left free take proceedings statute permits texas pacific ry interstate commerce commission southern railway louis hay grain state florida secretary thereupon order june reopened original proceedings resulted challenged order june directed findings fact conclusion order june served upon appellee market agencies tentative findings order opportunity appellees file exceptions make oral argument upon exceptions action followed june present proceeding begun motion appellants district stay proceedings direct clerk retain impounded funds time secretary proceeding due expedition entered final order proceedings reopened motion denied order district granting motion appellees distribute fund among case comes appeal packers stock yards act stat stat judicial code stayed superseded order district pending appeal october district held fund presently distributed appellees secretary without authority act make order prescribing rates charges effective june date original order construed terms restraining order requiring distribution fund appellees final determination secretary order june invalid thus result litigation district twice sustained determination secretary rates prescribed basis voluminous evidence reasonable decision secretary failed observe statutory requirement full hearing never reviewed determination question arises whether upon redetermination issue secretary district exercise power order distribution impounded fund conformity determination directing much amounts paid exceeds rates ultimately determined upon appropriate review secretary findings reasonable returned paid issue must decided unless power occasion retain fund pending proceedings secretary distribution must made district directed decision turns meaning application provisions packers stockyards act construed light dominant purpose secure patrons stockyards prescribed stockyard services reasonable rates upon authority duty district effectuate purpose making disposition fund section act requires every stockyard owner market agency furnish discriminatory reasonable stockyard services declares rates charges made stockyard services furnished stockyard stockyard owner market agency shall reasonable unjust unreasonable discriminatory rate charge prohibited declared unlawful section makes like requirement regulations practices respect furnishing stockyard services section makes duty stockyard owners market agencies file secretary schedule rates stockyard services charge collect rates unless set aside appropriate action secretary changed filing new rates authorized section section provides stockyard owner market agency violating previously mentioned sections shall liable persons injured full extent damage sustained section provides enforcement liability either complaint secretary suit district concludes declaration section shall way abridge alter remedies existing common law statute provisions chapter act addition remedies section authorizes secretary full hearing complaint initiative prescribe reasonable rates future appellees insist notwithstanding command rates shall reasonable mandate effective far implemented sections act except reparation case statute forbids secretary make orders affecting completed transactions acting initiative fix rates future point person aggrieved may petition secretary seek damages exaction unreasonable rate past naming new rate future secretary institutes proceedings motion precluded making order payment money original proceeding action secretary reopening taken motion conclusion drawn legal warrant restitution impounded moneys patrons market agencies even though secretary shall determine evidence proper procedure scheduled rates exceeded reasonable rate prescribed even though premises accepted respects sound conclusion follow question secretary making order payment money fund taken custody consequence order restraining operation rate schedule prescribed secretary questions decision whether district discharge duty thus assumed equity rightly dispose fund without regard command secretary shall determine rates exacted aid paid registry excessive whether exercise discretion retain fund time secretary proceeding due expedition shall make final determination order answering questions two cardinal principles must guide us conclusion one construing statute setting administrative agency providing judicial review action agency regarded wholly independent unrelated instrumentalities justice acting performance prescribed statutory duty without regard appropriate function securing plainly indicated objects statute agency means adopted attain prescribed end far duties defined words statute words construed attain end action neither body repeat day mistake made courts law equity struggling recognition ameliorating system justice neither rightly regarded alien intruder tolerated must never encouraged aided attainment common aim guiding principle reviewing action secretary similarly reviewing action interstate commerce commission conformity provisions urgent deficiencies act district sits equity see ford motor national labor relations board inland steel exerting extraordinary powers stay execution rate order directing payment much rate found administratively excessive assumes duty making disposition fund conformity equitable principles assuming appellees contend secretary order june set aside reopened proceeding neither promulgate rate order date make order payment money still without authority premises statute mandate free make order fixing rates future purpose within purview act free determine reasonable rate period antedating order may make see atlantic coast line florida prior decision secretary stands way making determination cf arizona grocery atchison topeka santa fe railway sole limitation upon power prescribed upon inquiry instituted may order payment money respects power investigate decide unaffected may make inquiry matter thing concerning complaint authorized made concerning question may arise provisions act relating enforcement provision given power authority proceed inquiry instituted upon motion though appealed petition including power make enforce order orders case relating matter thing concerning inquiry except orders payment money secretary acting entertain complaint patrons appellees contributed fund charging rates exacted violation seems conceded think plain section specifically provides appears reasonable ground investigating complaint shall duty secretary investigate matters complained manner means deems proper seems equally plain secretary exercise discretion may conduct investigation motion ordinarily true occasion investigation result secretary make reparation order shall presently point alleged excessive rates custodia legis authority equitable duty dispose according law justice thus secretary best reasons exercise power determine whether rates reasonable may rightly determination afford proper basis action district making disposition fund district staying secretary order time arresting excess payments appellees scheduled rates assumed duty making proper disposition fund upon termination litigation duty imperative injunction order deprived public benefit lower rates obstructed effective reparation order secretary action presupposed ownership excess payments doubt finally determined adjudication merits reasonableness filed rates taking payments custody acted equity charged responsibility protecting fund disposing according law free discharge duty use broad discretion exercise powers manner avoid unjust unlawful result entered contract understanding litigants entered undertaking manner disposing fund duty respect prescribed applicable principles law equity protection litigants public whose interests injunction final disposition fund affect inland steel supra familiar doctrine extent equity may grant withhold aid manner moulding remedies may affected public interest involved central kentucky gas railroad commission pennsylvania williams virginia railway federation et congress packers stockyards act established public policy maintaining reasonable rates stockyard services prohibited declared unlawful unjust unreasonable rate equity astute avoid use process effectuate collection unlawful rates equally direct restitution rates taken custody shown unlawful determination already made secretary proceeding full hearing found district supported evidence duty make restitution forthwith seem evident notwithstanding absence order secretary directing payment inland steel supra secretary seen authorized make determination section denounces unreasonable rates unlawful statute declared saves authority give remedy present circumstances might otherwise afford went much atlantic coast line florida supra denying equitable grounds restitution shippers excess intrastate rate prescribed order interstate commerce commission avoid discrimination interstate commerce prescribed state commission order former later set aside want proper findings commission upon proceedings commission made second order upon proper findings discrimination establishing rate final result litigation railroads permitted collect retain higher rates period lawful order commission superseding state commission rates administrative agency prescribe rates future higher rates exacted date first order second without sanction valid order first administrative order nullity ewell daggs weeks bridgman toy toy hopkins though voidable ignored without incurring penalties disobedience inflicted applicable provisions statute rates lose unjust unreasonable quality one case cease unjustly discriminatory merely administrative orders voidable procedural defects second order operate future case administrative agency without power inquire whether injustice done earlier rate called ascertain according equitable principles rights parties respect payments made voidable order take account subsequent determination administrative agency basis action atlantic coast line florida supra pages pages new york edison maltbie brooklyn union gas maltbie said distinction atlantic coast line case distinction judicial inaction judicial action upon settled equitable principles free refrain compelling restitution satisfied injustice done see tiffany boatman institution wall mississippi cromwell deweese reinhard called appellants act withholding pellees rates still lawfully force filed schedule set aside valid order secretary moment appellants content inaction appellees demanding payment rates whose lawfulness challenged yet actual posture case duty act virtue taken fund possession acting dispose fund must conform controlling legal principles reasonableness rates established filed schedules rates collected paid appellees instead clerk secretary ordered reparation upon proper findings unreasonable question whether must face proceeding secretary determine reasonableness challenged rates use power complete collection risk obstructing reparation whether remain inactive lawfulness determined act accordingly power every justice long retains control parties correct wrongfully done virtue process arkadelphia milling louis railway see northwestern fuel brock given paid compulsion judgment restore judgment set aside justice requires restitution northwestern fuel brock supra ex parte lincoln gas electric light baltimore ohio railway injunction compelled payment registry amounts may pending proceedings found due paid think justice equally requires await outcome proceedings order may discharge duty owes litigants public avoiding unlawful disposition fund meantime ultimately distributing found entitled see new york edison maltbie supra brooklyn union gas maltbie supra cf klein proceeding pending secretary seen free determine reasonableness rates determination supported evidence made proceeding conducted conformity statute due process afford appropriate basis action district making distribution fund custody atlantic coast line florida supra pages pages due regard discharge responsibility litigants public appropriate exercise discretion manner effectuate policy act facilitate administration system set require retention fund district time secretary proceeding due expedition shall entered final order proceedings pending cf mahler eby tod waldman district thus avoid risk using process instrument injustice full record secretary proceedings including findings supported evidence appropriate basis action able make order distribution accordingly reversed justice reed took part consideration decision case justice butler dissenting proceedings instituted complaint shippers secretary july approved per cent reduction market agencies charges may agencies filed tariffs challenged shippers suspended secretary making additional reductions per cent rates remained force november became effective new schedule established agreement agencies secretary question reasonableness charges made since date appellees required continue making deposits secure compliance secretary order june challenged suit impounding ceased money deposit district made amounts taken charges low lower put kept force applied november proceedings pending secretary may order reparation see also arizona grocery atchison without jurisdiction prescribe charges applied effective date order one shall made challenged order adjudged invalid made violation act morgan appellees immediately became entitled money pursuance restraining order deposited secure compliance secretary order found valid record contains nothing support idea pledge purpose justify excuse withholding another use reasons stated opinion district rightly held appellees entitled money returned decree affirmed justice mcreynolds justice roberts join opinion footnotes date district entered decree mandate setting aside secretary order june permanently enjoining enforcement decree district retained jurisdiction decreed proceedings herein conformity opinion said reference distribution restitution funds deposited plaintiffs registry clerk thereof pursuant provisions temporary restraining order entered day july law justice may appertain see ed iv pl heath rydley holdsworth history english law secretary may time institute inquiry motion case matter thing concerning complaint authorized made secretary provision sections inclusive chapter title concerning question may arise provisions sections inclusive chapter title relating enforcement provisions sections inclusive chapter title secretary shall power authority proceed inquiry instituted upon motion though appealed petition including power make enforce order orders case relating matter thing concerning inquiry except orders payment money inland steel interstate commerce commission ordered certain railroads cease payment shippers conformity filed tariff switching charges commission found unlawful review action commission district stayed commission order directed railroads pending final disposition cause place payments due tariff special fund held subject order commission order ultimately sustained meanwhile commission pending review courts postponed effective date order litigation operative commission order forbidding unlawful payments rejected contention shippers fund must paid accumulated absence controlling order commission held duty district resulting injunction control fund make equitable disposition sustained district order fund turned railroads conformity commission determination confirmed judicial review switching allowances unlawful