Railroad Commission v. Ala. North. Ry. Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Bill by tbe Northern Alabama Railway .Company against the Alabama Railroad Commission, to enjoin the enforcement of an order requiring the construction of a union passenger depot, or in the alternative to enjoin the requirement that complainant enter and use a union station required to be erected by other roads entering the same city. Prom a decree for complainant the Railroad Commission appeals.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Bill by tbe Northern Alabama Railway .Company against the Alabama Railroad Commission, to enjoin the enforcement of an order requiring the construction of a union passenger depot, or in the alternative to enjoin the requirement that complainant enter and use a union station required to be erected by other roads entering the same city. Prom a decree for complainant the Railroad Commission appeals. The order of the railroad commission was that the several railroad companies, to wit, the Kansas City, Memphis & Birmingham…
1Opinion of the CourtAnderson, J.
Article 12 of the Constitution of 1901, composed of sections 242-246, deals with railroads and canals, and section 243 provides in part as follows: “The power and authority of regulating railroad freight and passenger tariffs, the locating and building of passenger and freight depots, correcting abuses, * * * are hereby conferred upon the Legislature, whose duty it shall be to pass laws,” etc. The Legislature, availing *362itself of this constitutional provision, created a railroad commission and enacted laws for the purpose of compelling obedience to the mandate of our organic law. Section 5543…
2Cases cited13 opinions
- Georgia Railroad & Banking Co. v. SmithSupreme Court of the United States · 1888
- Minneapolis & St. Louis Railroad v. MinnesotaSupreme Court of the United States · 1902
- Georgia Railroad v. SmithSupreme Court of Georgia · 1883
- Mayor of Worcester v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1871
- State v. McCartyAlabama Court of Appeals · 1912
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3Cited by32 opinions
- Atchison, T. & S. F. Ry. Co. v. Railroad Commission of State of California Los Angeles & S. L. R. Co. v. Same. Southern Pac. Co. v. SameSupreme Court of the United States · 1931
- Valley Nat. Bank of Phoenix v. GloverArizona Supreme Court · 1945
- Franklin v. State Ex Rel. Alabama State Milk Control BoardSupreme Court of Alabama · 1936
- Parke v. BradleySupreme Court of Alabama · 1920
- Alabama Public Service Commission v. Mobile Gas Co.Supreme Court of Alabama · 1925
27 more not listed; retrieve them via the Exa API.