Legal Opinion

Railroad Commission v. Louisville & Nashville Railroad

Supreme Court of Georgia

Decided November 18, 1913PublishedCited by 13 opinions

Injunction. Before Judge Ellis. Fulton superior court. February 7, 1913. On November 8, 1912, the Bailroad Commission of Georgia passed the following order: “Besolved, by the Commission, that all railroads selling mileage or penny scrip books are hereby required, on and after February 1, 1913, to pull the same on the 'trains of the company selling the same, when presented by the holders for transportation between points wholly within the State 'of • Georgia, except where…

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Injunction. Before Judge Ellis. Fulton superior court. February 7, 1913. On November 8, 1912, the Bailroad Commission of Georgia passed the following order: “Besolved, by the Commission, that all railroads selling mileage or penny scrip books are hereby required, on and after February 1, 1913, to pull the same on the 'trains of the company selling the same, when presented by the holders for transportation between points wholly within the State 'of • Georgia, except where passengers board trains in cities of 10,0(30 population or more according to the United States census of 1910, in which…

1Opinion of the CourtFish, C. J.

The controlling questions involved may be considered under three general heads: (1) Did the State railroad commission *820have statutory power to make the regulation under consideration? (2) If so, does such statute conflict with the fourteenth amendment of the Federal constitution, or the clause of the State constitution forbidding the depriving of any person of life, liberty, or property without due process of law? (3) If the commission has power to make regulations of this character, has it exercised the power so arbitrarily and unreasonably in the particular case before us as to authorize the…

2Cases cited39 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
  3. Interstate Commerce Commission v. Louisville & Nashville RailroadSupreme Court of the United States · 1913
  4. Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
  5. Beer Co. v. MassachusettsSupreme Court of the United States · 1878

34 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Union Dry Goods Co. v. Georgia Public Service Corp.Supreme Court of Georgia · 1914
  2. Georgia Railway & Power Co. v. Railroad CommissionSupreme Court of Georgia · 1919
  3. Public Service Commission of the State of New York, v Federal Power Commission, Texas Eastern Transmission Corporation Sun Oil Company, v Federal Power Commission, Texas Eastern Transmission Corporation and Philadelphia Gas Works Division of Ugi Corporation, Intervenors. General Crude Oil Company, v Federal Power Commission, Texas Eastern Transmission Corporation and Philadelphia Gas Works Division of Ugi Corporation, Intervenors. M.H. Marr, v Federal Power Commission, Texas Eastern Transmission Corporation and Philadelphia Gas Works Division of Ugi Corporation, Intervenors. Continental Oil Company, v Federal Power Commission, Texas Eastern Transmission Corporation and Philadelphia Gas Works Division of Ugi Corporation, Intervenors. Texas Eastern Transmission Corporation, v Federal Power Commission, Sun Oil Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1975
  4. Public Service Commission v. Federal Power CommissionCourt of Appeals for the D.C. Circuit · 1974
  5. Jackson v. BeaversSupreme Court of Georgia · 1923

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