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alternative writ amended assistant counsel Atlantic R. R. Attorney-General and special Bone Valley Carrabelle cent passenger rate Circuit Court classification Commis common passenger station constitution contended corporation Court of Florida defendant in error devoted its property Duval county egg plants ex rel excessive charge filed freight grant ground HENRY E interest and convenience Jacksonville Terminal Company JOHN Key West Lake Eustis legislative power litigation Louisville & Nashville matter motion to quash Nashville R. R. operated orange boxes pany passenger terminal penalties or forfeitures Pensacola & Atlantic petition Plant System provisions public interest public nature put into effect Rail Railroad Commission Law Railroad Commissioners railroad common carriers regulation here sought require the admission road sion Southern special counsel suits Supreme Court Suwannee River Tallahassee terminal station therein three cent passenger three cent rate tion transportation Union Depot Valdosta & Western violations W. B. LAMAR Western Railway Company
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Halaman 24 - The Legislature is invested with full power to pass laws for the correction of abuses and to prevent unjust discrimination and excessive charges by persons and corporations engaged as common carriers in transporting persons and property, or performing other services of a public nature; and shall provide for enforcing such laws by adequate penalties or forfeitures.
Halaman 39 - ... result, and as the parties have not argued the question we do not decide it. It is certain that in other respects the regulation is prima facie valid and capable of being enforced by mandamus. State v. Fremont, E.
Halaman 34 - When, therefore, one devotes his property to a use in which the public has an interest, he in effect grants to the public an interest in that use, and must submit to be controlled by the public for the common good the extent of the interest he has thus created.
Halaman 37 - There is a very clear distinction between a taking or an appropriation of property for a public use. and regulating the use of property devoted to a use In which the public has an Interest. The latter is an exercise of the "police power," as it Is called; the former, of the power of eminent domain. The state in the former case compels the dedication of the property, or some interest therein, to a public use, or, if already dedicated to one public use, then to another. In the latter the owner has...
Halaman 31 - XVI of the constitution prohibits the legislature from authorizing the Commissioners to consider the best interest and convenience of the public, in discharging their duties. The public safety, interest and convenience are clearly embraced within the legislative power of the State. Louisville & Nashville RR Co. v. Kentucky, 161 US, 677; Sup. Ct. Rep., 714; Gladson v. Minnesota, 166 US, 427; 17 Sup. Ct., 627; Lake Shore &' Michigan Southern Railway Co.
Halaman 37 - ... public welfare. That use to which it has voluntarily devoted its property is to furnish passenger terminal facilities to railroad common carriers. It is discriminating among the railroads that it will serve, and the commissioners, under power granted them by the legislature, have determined that such discrimination, as against a particular railroad, is unjust and contrary to the best interest and convenience of the public. It has, therefore, made a regulation that this railroad be admitted to...
Halaman 30 - ... the State to take into consideration all the circumstances affecting passenger travel within its limits, and as far as practicable make such regulations as were just to all who might pass over the road in question. It was entitled of course to provide for the convenience of persons desiring to travel from one point to another in the State on domestic trains. But it was not bound to ignore the convenience of those who desired to travel from places in the State to places beyond its limits, or the...
Halaman 15 - Commissioners the right and made it their duty, to regulate, supervise and control all passenger terminal or Union depot Companies and to require and regulate the entry and admission of railroad trains into union depots, &c.
Halaman 34 - Lake Shore & Michigan Southern R'y Co. v. Smith, 173 US, 684, 19 Sup.
Halaman 26 - The command to provide for enforcing the laws by penalties and forfeitures leaves no discretion with the legislature upon that subject, but the clause being silent as to other remedies for enforcing duties growing out of those laws, it rests in the legislative discretion to provide such as it may see. fit, or for the courts to apply such of the ordinary remedies as may be applicable. It is argued that when the constitution directs how a thing shall be done, that is in effect a prohibition...