State ex rel. Railroad Commissioners v. Atlantic Coast Line Railroad Co.

Shackleford, C. J.,

(after statmg the facts.) — It is admitted by the respective parties litigant that two points are presented by this demurrer: “(a) The jurisdiction of the Commission, or its authority to issue and enforce upon the Respondent, Seaboard Air Line Railway', the order requiring it to join the defendant, Atlantic Coast Line Railroad Company, in the construction of a union passenger station, when at the time of the making of said order the said Respondent, Seaboard Air Line Railway, was not then operating a line of railroad into the town of Bartow as a common carrier, and had not…