Lake Erie Co v. State Public Utilities Commission of Illinois Cameron
| Citation | 249 U.S. 422,39 S.Ct. 345,63 L.Ed. 684 |
| Decision Date | 14 April 1919 |
| Docket Number | No. 204,204 |
| Parties | LAKE ERIE & W. R. CO. v. STATE PUBLIC UTILITIES COMMISSION OF ILLINOIS ex rel. CAMERON |
| Court | United States Supreme Court |
Mr. George B. Gillespie, of Springfield, Ill., for plaintiff in error.
Messrs. C. S. Schneider, of Northwood Park, Ill., and Edward J. Brundage, of Chicago, Ill., for defendant in error.
For 25 years the Lake Erie & Western Railroad Company maintained and operated on its right of way at Elliott, Ill., a side track passing a grain elevator and coal yard operated by one Cameron. The elevator stood partly on the right of way and partly on ground owned by Cameron, his occupancy of the former being under a lease. In May, 1915, the elevator was destroyed by fire, whereupon the company exercised a reserved option to cancel the lease and also took up the side track. Cameron protested against the latter, proceeded to rebuild the elevator at its former location, but wholly on his own ground, and in June, 1915, filed with the Public Utilities Commission a petition praying that a restoration of the track be ordered. After notice and hearing the commission granted such an order and it was upheld by the circuit and supreme courts of the state. State Public Utilities Commission ex rel. v. Lake Erie & W. R. Co., 277 Ill. 574, 115 N. E. 519.
It is contended here, as it was in the state courts, that the order contravenes the due process of law clause of the Fourteenth Amendment, in that it takes property of the railroad company for private use, or for public use without compensation.
Such an order, being legislative in its nature and made by an instrumentality of the state, is a state law within the meaning of the Constitution of the United States and the laws of Congress regulating our jurisdiction. Grand Trunk Western Ry. Co. v. Railroad Commission of Indiana, 221 U. S. 400, 403, 31 Sup. Ct. 537, 55 L. Ed. 786; Ross v. Oregon, 227 U. S. 150, 162, 163, 33 Sup. Ct. 220, 57 L. Ed. 458, Ann. Cas. 1914C, 224; Home Telephone & Telegraph Co. v. Los Angeles, 227 U. S. 278, 295, 296, 33 Sup. Ct. 312, 57 L. Ed. 510; Atlantic Coast Line R. R. Co. v. Goldsboro, 232 U. S. 548, 555, 34 Sup. Ct. 364, 58 L. Ed. 721; Wadley Southern Ry. Co. v. Georgia, 235 U. S. 651, 660, 661, 35 Sup. Ct. 214, 59 L. Ed. 405; Arkadelphia Milling Co. v. St. Louis Southwestern Ry. Co., 249 U. S. 134, 39 Sup. Ct. 237, 63 L. Ed. 517.
Under the laws of the state the side track before its removal, although used principally in moving freight from and to Cameron's elevator and coal yard,...
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