Alabama Ry Co v. Jackson Ry Co, 244
| Decision Date | 24 May 1926 |
| Docket Number | No. 244,244 |
| Citation | 46 S.Ct. 535,70 L.Ed. 928,271 U.S. 244 |
| Parties | ALABAMA & V. RY. CO. et al. v. JACKSON & E. RY. CO |
| Court | U.S. Supreme Court |
Messrs. J. Blanc Monroe, of New Orleans, La., Robert H. Thompson, of Jackson, Miss., Monte M. Lemann, of New Orleans, La., A. S. Bozeman, of Meridian, Miss., and S. L. McLaurin, of Brandon, Miss., for plaintiffs in error.
Messrs. George B. Neville, of Meridian, Miss., Marcellus Green, of Jackson, Miss., and Hardy R. Stone, of Meridian, Miss., for defendant in error.
The Alabama & Vicksburg Railway and the Jackson & Eastern Railway are both Mississippi corporations. Each owns and operates in intrastate and interstate commerce a railroad within that state. The latter instituted a proceeding under a state law to secure by eminent domain a connection with the former's line at a point east of the city of Jackson, called Curran's Crossing. Prior to instituting the eminent domain proceeding the Jackson & Eastern had secured from the Interstate Commerce Commission a certificate under paragraphs 18-20 of section 1, Interstate Commerce Act (Comp. St. Ann. Supp. 1923, § 8563), authorizing the extension of its road from Sebastopol, Miss., to Jackson. The order made no reference to Curran's Crossing, or to any connection with the Alabama & Vicksburg. Public Convenience Certificate of Jackson & Eastern Ry. Co., 70 Interst. Com. Com'n R. 110, 495. Thereafter, but also before instituting the eminent domain proceeding and before building the extension authorized, the Jackson & Eastern applied to the Commission for an order authorizing it to connect with the main line of the Alabama & Vicksburg at Curran's Crossing, and requiring the latter to grant a joint use of its main line from that point into the city of Jackson. This application, which had apparently been filed under paragraph 9 of section 1 of the Interstate Commerce Act, was withdrawn without a hearing. Compare United States v. Baltimore & O. S. W. R. Co., 226 U. S. 14, 33 S. Ct. 5, 57 L. Ed. 104. No further application was made to the Commission.
By the Constitution and statutes of Mississippi a railroad corporation organized under the laws of that state may 'cross, intersect, join, or unite its railroad with any other railroad heretofore or hereafter constructed at any points on their routes, and upon the ground of such other railroad company, with the necessary and proper turn-outs, sidings, switches, and other conveniences, and (may) exercise the right of eminent domain for that purpose.' Constitution of 1890, §§ 184, 190; Hemingway's Code, §§ 6722, 6725, 6728. This right of eminent domain is exercised by proceedings in a special court which has jurisdiction to determine only the amount of the damages payable. The special court cannot pass upon the right of a plaintiff to institute the proceeding or upon any defense or other objection. Nor can any such question be raised upon an appeal from the judgment of the special court. The sole remedy of the objecting railroad is a separate proceeding to be brought in a court of equity. Hemingway's Code, § 1492; Louisville & Nashville R. Co. v. Western Union Tel. Co., 234 U. S. 369, 378, 380, 34 S. Ct. 810, 58 L. Ed. 1356; Vinegar Bend Lumber Co. v. Oak Grove & G. R. Co., 89 Miss. 84, 43 So. 292; Alabama & Vicksburg R. Co. v. Jackson & Eastern Ry. Co., 131 Miss. 857, 874, 95 So. 733.
This suit was brought by the Alabama & Vicksburg in the appropriate chancery court of the state to enjoin the Jackson & Eastern from pursuing the eminent domain proceeding. The bill alleged willingness to permit a junction, but asserted that the point selected by the defendant was an improper one, would imperil the safety of life and property, would burden interstate commerce, and would be prejudicial to the plaintiff's interests. It asserted, among other grounds of relief, the claim that the Interstate Commerce Commission has exclusive jurisdiction over the establishment of junctions or physical connections between railroads engaged in interstate commerce, that the Commission had not authorized the connection here in question, and that the institution of eminent domain proceedings was therefore in violation of the federal law. A restraining order issued upon the filing of the bill. Later the chancellor sustained a demurrer to the bill for want of equity, dissolved the injunction, and denied supersedeas pending an appeal to the Supreme Court of the state. That court allowed a supersedeas (129 Miss. 437, 91 So. 902), overruled the demurrer, reversed the decree, and remanded the case for further proceedings. It did this on the ground that, while under the state law the connection might ordinarily be made at such point on the other's line as the railroad seeking the junction might desire, the place selected must be a proper one, and the bill alleged that the particular junction sought was not. 131 Miss. 857, 874, 95 So. 733. Upon that issue the chancellor then heard the case on the evidence, found that the proposed connection was a proper one, dissolved the injunction, and dismissed the bill. That decree was affirmed upon a second appeal to the Supreme Court. 136 Miss. 726, 101 So. 553. In affirming the decree, the highest court of the state overruled the contention of the Alabama & Vicksburg that the Interstate Commerce Commission had exclusive jurisdiction over the establishment of junctions between railroads engaged in interstate commerce, held that Congress had not taken full control of the subject, and concluded that the authority granted by the state law to secure junctions did not interfere with interstate commerce to an appreciable degree, if at all. The case is here on writ of error with supersedeas granted by the Chief Justice of the state. A petition for writ of certiorari was also filed, consideration of which was postponed. As the case is properly here on writ of error, the petition is dismissed.
In Wisconsin, Minnesota & Pacific R. R. v. Jacobson, 179 U. S. 287, 21 S. Ct. 115, 45 L. Ed. 194, decided in 1900, this court sustained an order of a state commission which, at the instance of shippers, had directed two railroads of the state engaged in interstate and intrastate commerce to provide a physical connection between their lines. The state commission had found that the connection was required for intrastate commerce, and this court concluded that the connection ordered could not prejudice interstate commerce. Since then the authority of the Interstate Commerce Commission has been...
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