THE STATE OF FLORIDA EX REL. RAILROAD COMMISSIONERS, RELATORS,
v.
LOUISVILLE AND NASHVILLE RAILROAD COMPANY AND THE SEABOARD AIR LINE RAILWAY, RESPONDENTS

Fla. | 1911-06-01
Shackleford and Cockrell, J. J., concur., Taylor, Hocker and Parkhill, J. J., concur in the opinion.
62 Fla. 315 Florida Supreme Court (1911) Positive Treatment
Cited by 65 cases

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Synopsis

Florida's Railroad Commissioners issued an order requiring the Louisville & Nashville Railroad and Seaboard Air Line Railway to operate separate passenger trains without freight cars on specified routes and to follow a prescribed schedule. The railroads challenged the order as violating due process, equal protection, and interstate commerce provisions, arguing it would deny them reasonable compensation. The court upheld the passenger-train separation requirement but struck down the prescribed schedule as unreasonable and arbitrary in its operation.

Holding

The court upheld the requirement to operate separate passenger trains without freight cars, finding it serves a legitimate public convenience purpose and does not clearly deny due process, equal protection, or unlawfully burden interstate commerce. However, the court struck down the prescribed schedule as unreasonably arbitrary because it would require trains to arrive at early hours inconvenient to the large majority of passengers on the line, while benefiting only a small number of through passengers, and was admittedly impracticable in important respects.

Key Quotes

“Railroad companies are by the State permitted to use franchises and to render the public service of common carriers, primarily to meet the reasonable requirements of transportation for the public. For such service the carrier is under the law entitled to only a reasonable compensation to be ascertained by a proper consideration of all the facts and circumstances affecting the service, both as to the carrier and as to the public severably and collectively who are to be served.”

Establishes the fundamental principle that railroads hold franchises conditioned on serving the public at reasonable rates and that government may regulate them in the public interest.

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Facts & Procedural History

The Railroad Commissioners issued Order No. 346 requiring two railroads to separate freight and passenger cars on specific routes between Jacksonville…

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Topics
Interstate Commerce Equal Protection Due Process

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Opinion of the Court
Whitfield, C. J.

Whitfield, C. J.

— The purpose of this proceeding is to enforce the order of the Railroad Commissioners set out in the statement requiring the respondents to cease carrying freight cars in certain designated trains between Jacksonville and Pensacola, points within this State, and to observe a prescribed schedule in the operation of such trains.

It is not contended that the order the relators seek to have enforced is illegal on its face. The questions presented are whether the averments of the return to the alternative writ that are admitted by the demurrer show that the enforcement of the order as made (1) will deny to the respondents in their property rights due process and equal protection of the laws; (2) will unlawfully burden or regulate interstate commerce; (3) will be unreasonable, unnecessary, arbitrary and impracticable with refer ence to the respondents and the public who are affected by the order. The demurrer admits as true all well pleaded averments of fact, and also all fair and pertinent inferences or conclusions of fact, contained in the return, that are not inconsistent with or repugnant to the accompanying specific detailed averments of facts and circumstances. But the demurrer does not admit conclusions of law stated in the return. If the facts stated in the return and admitted by the demurrer do not amount to a defense to the writ, the demurrer is well taken. But if the detailed specific facts and circumstances that are well pleaded, justify the conclusions of fact and of law-that are asserted, and constitute a defense to the alternative writ, the demurrer should be overruled.

Railroad companies are by the State permitted to use franchises and to render the public service of common carriers, primarily to meet the reasonable requirements of transportation for the public. For such service the carrier is under the law entitled to only a reasonable compensation to be ascertained by a proper consideration of all the facts and circumstances affecting the service, both as to the carrier and as to the public severably and collectively who are to be served. Property, labor and management are under the law devoted to the public service voluntarily engaged in, subject to the burden of lawful governmental regulation in the interest of the public to be served, as well as subject to the requirement of law that reasonably adequate facilities shall be afforded, and that only reasonable compensation is allowed. Remuneration for the property and labor used depends upon the result.of a reasonable compensation for service rendered. The amount and reasonableness of the return for property used in the service resulting from compensation for service rendered depends upon circumstances in the absence of valid legislation on the subject. If a governmental regulation does not unreasonably discriminate against a carrier there is no denial of the equal protection of the laws. • If. a regulation. is not so unreasonable, unjust and arbitrary as to prevent the carrier from receiving a just compensation for service rendered, there is no deprivation of property without due process of law. If a regulation does not directly and materially burden Interstate Commerce or conflict with regulations prescribed or lawfully authorized by Congress, the interstate commerce clause of the Federal Constitution is not violated. If a regulation within the authority conferred in not in its terms or in its operation unjust and unreasonable as to the carrier or as to the persons, localities or commodities affected by it, the authority given by the statute to the Railroad Commissioners to make just and reasonable rules and regulations as to intrastate transportation is not exceeded or violated.

Shackleford and Cockrell, J. J., concur. Taylor, Hocker and Parkhill, J. J., concur in the opinion.

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Citator

Cited By (32 total)

  • Fla. Motor Lines, Inc. v. R.R. Comm'n, 132 So. 851 (Fla. 1931)
    …. 108, 56 Law Ed. 308; Tagg Bros. v. U.S., 280 U.S. 420, 442, 50 Sup. Ct. Rep. 220, 74 Law Ed. 524, 536; New York v. McCall,245 U.S. 345, 38 Sup. Ct. Rep. 122, 62 Law Ed. 337; State ex rel. v. F. E. C. Ry., 67 Fla. 83, 64 So. 443; State v. L. N. Ry.,62 Fla. 315, 57 So. 175; New Eng. Divisions Case, (Akron, C., Y. R. Co. v. U.S.), 261 U.S. 184, 43 Sup. Ct. Rep. 270, 67 Law Ed. 605. The order of the Railroad Commission must under the statute be "deemed and held to be * such as ought to have been made in the…
  • Amos v. Conkling, 99 Fla. 206 (Fla. 1930)
    …nd where it clearly appears that an order made by an administrative officer is not reasonable or just or practical with reference to all the interests directly affected thereby, such order will not be enforced by the Court. State v. L. & N. Ry. Co., 62 Fla. 315, 57 So. R. 175. It is contended that the extent of the inquiry authorized in this proceeding is to determine the question, whether the consent in writing had-been given by thé representatives of an amount of the deposits of said bank aggregating 75…
  • The State of Fla. ex rel. L. S. Bonsteel v. Allen, 83 Fla. 214 (Fla. 1922)
    …es 25 Fla. 298, 5 South. Rep. 722; Pensacola & A. R. Co. v. State, 25 Fla. 310, 5 South. Rep. 833; State ex rel. Railroad Com’rs v. Atlantic Coast Line R. Co., 60 Fla. 465, 54 South. Rep. 394; State ex rel. Railroad Com’rs v. Louisville & N. R. Co., 62 Fla. 315, 57 South. Rep. 175; Gamble v. State, 61 Fla. 233, 54 South. Rep. 370; State ex rel. v. Commissioners of Baker County, [*228] 22 Fla. 29; Perry v. Town of Panama City, 67 Fla. 285, 65 South. Rep. 6. If the discretionary authority. conferred by the…

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