Whether § 16(e
) of Philippine Act 2307 violated the
Organic Act, c. 1369, 32 Stat. 691, by delegating to the Board of
Public Utility Commissioners power to prescribe the contents of
reports required of corporate common carriers has become a moot
question since this case was brought to this Court, due to an
amendment of § 16(e
), which itself prescribes in detail
what the reports shall contain, and thereby supersedes the order
here in question. The judgment is therefore reversed, with
directions to dismiss the cause without costs to either party.
34 Phil.Rep. 136 reversed.
The case is stated in the opinion.
Page 249 U. S. 426
MR. JUSTICE VAN DEVANTER delivered the opinion of the Court.
By a judgment rendered March 6, 1916, the court below annulled
an order of the Board of Public Utility Commissioners of the
Philippine Islands requiring a corporate common carrier to report
annually various matters pertaining to its finances and operations,
the ground of the judgment being that § 16(e
) of Act 2307
of the local legislature, under which the board acted, violated the
organic law of the Philippines, c. 1369, 32 Stat. 691, in that it
confided to the board the determination of what the reports should
contain, and therefore amounted to a delegation of legislative
power. 34 Phil.Rep. 136. The board brought the judgment here for
review, and the carrier now suggests that, through a change in the
local statute, the question on which the judgment turned has become
merely a moot one.
After the case was brought here the legislature, by Act 2694, so
amended § 16(e
) as to cause the section itself to
prescribe in detail what such reports should contain, and thereby
abrogated the provision on which the order was based and which the
court held invalid. That provision therefore is no longer in force,
and it is to the new provision that the board and carrier must give
effect. Even if the original provision was valid, the order made
under it became inoperative when the new provision was substituted
in its place. Whether the order was based on a valid or an invalid
statute consequently has become merely a moot question.
In this situation, we are not called upon to consider the
propriety of the judgment below, the proper course being,
Page 249 U. S. 427
as is shown by many precedents, to reverse the judgment and
remand the cause with a direction that it be dismissed without
costs to either party. United States v. Schooner
1 Cranch 103; New Orleans Flour
Inspectors v. Glover, 160 U. S. 170
161 U. S. 161
101; Dinsmore v. Southern Express Co., 183 U.
; United States v. Hamburg-Amerikanische
Packetfahrt-Actien Gesellschaft, 239 U.
; Berry v. Davis, 242 U.
Judgment reversed. Cause to be dismissed without costs to