Railroad Commission v. Alabama Great Southern R. R.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Mandamus by the Railroad Commission of Alabama, against the Alabama Great Southern Railroad Company, and other railroads, to compel them to unite in building and maintaining a union passenger station as required by certain orders issued by the commission. From a judgment denying the writ relator appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Mandamus by the Railroad Commission of Alabama, against the Alabama Great Southern Railroad Company, and other railroads, to compel them to unite in building and maintaining a union passenger station as required by certain orders issued by the commission. From a judgment denying the writ relator appeals. The order was made under the authority of section 5545, Code 1907, and when construed in the light of the provisions of section 5507, Code 1907, includes receivers. This is evidenced by the railroad legislation and the…
1Opinion of the Court
dr G-RAFFENRIED, J.
We quote the following propositions which in our opinion exert a controlling-influence upon the questions presented by this record:
A. “Whenever the validity of an act is challenged upon the ground that it is unconstitutional, the object- or assumes the burden of showing that it is an exercise of authority not legislative in its nature, or that it is inconsistent with some other provision of the Constitution. In cases of doubtful construction, the doubt should be resolved in favor of the constitutionality of the act.” — State v. McCarty, 5 Ala. App. 212, 59 South. 543;…
2Cases cited41 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- United States v. WiltbergerSupreme Court of the United States · 1820
- Simpson v. ShepardSupreme Court of the United States · 1913
- Commonwealth ex rel. McClain v. LockeSupreme Court of Pennsylvania · 1873
- McNulta v. LochridgeSupreme Court of the United States · 1891
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3Cited by36 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
- Whitaker v. ParsonsSupreme Court of Florida · 1920
- Alabama Power Co. v. City of Fort PayneSupreme Court of Alabama · 1939
- Alabama Public Service Commission v. NunisSupreme Court of Alabama · 1949
- Alabama Public Service Commission v. Mobile Gas Co.Supreme Court of Alabama · 1925
31 more not listed; retrieve them via the Exa API.