Crowell & Spencer Lumber Co., Inc. v. Louisiana Public Service Commission

• Decision Date: 05 January 1925
• Docket Number: 26931
• Citation: 157 La. 676,102 So. 866
• Parties: CROWELL & SPENCER LUMBER CO., Inc. v. LOUISIANA PUBLIC SERVICE COMMISSION et al
• Court: Louisiana Supreme Court

102 So. 866

157 La. 676

CROWELL & SPENCER LUMBER CO., Inc. v. LOUISIANA PUBLIC SERVICE COMMISSION et al

No. 26931

Supreme Court of Louisiana

January 5, 1925

Rehearing Denied February 2, 1925

Rule made absolute.

Huey P Long and Frank J. Looney, both of Shreveport, for relators.

Hakenyos & Scott, ofAlexandria, and Spencer, Gidiere, Phelps & Dunbar of New Orleans, for respondent Crowell & Spencer Lumber Co Inc.

W. M. Barrow, of Baton Rouge, for Red River & Gulf R., amicus curiae.

ROGERS, J. ST. PAUL, J., concurs in the result.

OPINION

ROGERS, J.

In the early part of May, 1924, the Thomas Gravel Company applied to the Louisiana Public Service Commission to compel the Red River & Gulf Railroad and the Christie & Eastern Railway Company to transport its sand and gravel which it had tendered for shipment at Walding, a station located on the former railroad.

On October 13, 1924, the Public Service Commission, of its own motion, cited the said railroad companies to show cause why they should not be ordered to accept shipments from connecting carriers generally.

On October 24, 1924, the Thomas Gravel Company filed a motion to have the Crowell & Spencer Lumber Company, Limited, and the Peavy-Wilson Lumber Company, Incorporated, made parties to the original proceeding on the ground that the defendant railroad companies had set up, as a defense, certain contracts with said lumber companies, which they alleged operated as restrictions upon their transportation business. The motion was granted, and the said lumber companies were accordingly made parties of record.

Both of these cases, the one founded upon the complaint of the Thomas Gravel Company, and the other instituted by the Commission itself, were fixed for hearing in the city of Shreveport on October 30, 1924, and notices to that effect were issued. Thereafter the Crowell & Spencer Lumber Company filed suit in the district court for the parish of East Baton Rouge, to enjoin the Commission from entertaining jurisdiction of or proceeding further in said cases, or from entering any order or decree therein; and to prohibit the Commission from hearing or instituting any proceedings, or rendering any orders or decrees enlarging, affecting or impairing the rights granted by the petitioner to the said Red River & Gulf Railroad, or ordering the said railroad company and the Christie & Eastern Railway Company to use the track of petitioner for any purpose other than that provided in said contracts. Petitioner further prayed that the said Commission be also enjoined from "now or hereafter" assuming jurisdiction, or instituting any proceeding, or rendering any orders or decrees subjecting its track, extending from Kurthwood in a westerly direction for a distance of five miles, to any use other than that provided for by said contracts, or requiring petitioner to operate as a common carrier over said track.

Upon the filing of this suit the court below issued a temporary restraining order, together with a rule to show cause why preliminary writs of injunction should not issue as prayed for. Subsequently, after a hearing on the rule nisi, the preliminary writs sought were granted.

The Public Service Commission and its individual members then applied to this court for writs of certiorari, mandamus, and prohibition. Upon this application a rule nisi was issued, together with an order staying all further proceedings. Thereafter, the Commission rendered a decree declaring that the said lumber company and the said railroad companies were operating as common carriers, and requiring them to receive and transport all goods and commodities offered, subject to the tariffs, rules, and regulations prescribed by the Commission.

After the rendition of this decree, upon motion of the Crowell & Spencer Lumber Company, Limited, this court ordered the Commission to show cause why its said decree should not be set aside and annulled, and at the same time, pending the hearing on said rule, prohibited the Commission from taking any steps to enforce its said order.

The line of railroad operated by the Red River & Gulf Railroad extends from Kurthwood, in the parish of Vernon, as its western terminus, eastward to Long Leaf and Lecompte, in the parish of Rapides. At Long Leaf it connects with the Missouri Pacific Railroad, and at Lecompte it connects with the Texas Pacific, Southern Pacific, and Chicago, Rock Island & Pacific Railroads. The mill of the Crowell & Spencer Lumber Company is located at Long Leaf.

The Christie & Eastern Railroad extends from Sandel or Christie, in the parish of Sabine, on the Kansas City Southern Railroad, eastward towards Peason in said parish.

Between the western terminus of the Red River & Gulf Railroad, and the eastern terminus of the Christie & Eastern Railroad, and connecting the lines of said railroads, lie five miles of railroad track owned by...