Morgan's Louisiana & T. R. & S. S. Co. v. Railroad Commission of Louisiana

• Decision Date: 15 December 1902
• Docket Number: 14,137
• Citation: 33 So. 214,109 La. 247
• Parties: MORGAN'S LOUISIANA & T. R. & S. S. CO. et al. v. RAILROAD COMMISSION OF LOUISIANA
• Court: Louisiana Supreme Court

33 So. 214

109 La. 247

MORGAN'S LOUISIANA & T. R. & S. S. CO. et al. v. RAILROAD COMMISSION OF LOUISIANA

No. 14,137

Supreme Court of Louisiana

December 15, 1902

Appeal from judicial district court, parish of East Baton Rouge; H F. Brunot, Judge.

Action by Morgan's Louisiana & Texas Railroad & Steamship Company and the Southern Pacific Company against the railroad commission of Louisiana. Judgment for defendant, and the plaintiffs appeal. Affirmed.

Thomas J. Kernan and Denegre, Blair & Denegre, for appellants.

Walter Guion, Atty. Gen. (Lewis Guion, of counsel), for appellee.

OPINION

NICHOLLS, C.J.

Statement of the Case.

The plaintiffs alleged: That the railroad commission is a corporation organized and existing under the constitution and laws of the state of Louisiana, and domiciled in the parish of East Baton Rouge, and the said commission derives any and all authority, power, and character as such commission, in respect to the matters complained of, from and under articles 285 to 289, both inclusive, of the constitution of this state, of the year 1898.

That petitioner the Southern Pacific Company is a railroad corporation. That it is, and has been since the year 1884 engaged in operating lines of railway in the state of Louisiana, being:

(1) The line of railway known as Morgan's Louisiana & Texas Railroad & Steamship Company, which begins at the city of New Orleans, and runs through the parishes of Jefferson, St Charles, Lafourche, Terrebonne, Assumption, St. Mary, Iberia, and St. Martin, to the town of Lafayette, in Lafayette parish; thence through the parishes of St. Landry and Avoyelles to Cheneyville, in the parish of Rapides, together with branch lines from its main line, commonly known as the Houma, Lafourche & Thibodauz, Salt Mine, St. Martinsville & Cypremont Branches, and which said railroad reaches the city of New Orleans on the left bank of the Mississippi river by means of a ferry transfer connecting its terminus on the right bank of said river with its wharves and delivery depots on the left bank of said river, and that the total length of the railways of said Morgan Company, exclusive of side tracks, amounts to 282 miles, or thereabouts, all located within the limits of the state of Louisiana, and that said railways belong to petitioner, Morgan's Louisiana & Texas Railroad & Steamship Company.

(2) A line of railroad beginning at Lafayette, in the parish of Lafayette, and running to the border line of the state of Texas, together with the branches running from Midland to Eunice and from Midland to Gueydan, -- a corporation organized and existing under the laws of the state of Louisiana.

(3) A line of railroad beginning at Salt Mine Junction, in the parish of Iberia, and running to the town of Abbeville, in Vermilion parish, belonging to the Iberia & Vermilion Railroad Company, a corporation organized and existing under the laws of the state of Louisiana.

That on the line of railroad owned by said Morgan Company, and operated by said Southern Pacific Company, is and has long been situated the town of Morgan City, which is located on the east bank of Berwick Bay, an estuary of the Gulf of Mexico; that said line of railroad passes through Morgan City in a direction approximately at right angles to Berwick Bay, and crossing said bay at a point where it less than 700 yards wide enters and passes through an unincorporated settlement of about 175 families known as "Berwick," which is in constant communication with Morgan City by means of a ferry across said estuary, and constitutes practically a suburb of Morgan City.

That petitioners have long operated and owned at said Morgan City an important station, situated upon or near the shore of Berwick Bay, fully equipped with waiting rooms, platforms, switches, and switch engines, and all other appliances, and all officials and employes necessary for the carrying on of a large freight and passenger business. Said station and its equipment are and have always been sufficient for the prompt and proper handling of all passengers and freight traveling or consigned to or from Morgan City, or from any of its suburbs or surrounding country, including Berwick City, and no complaint has ever been made thereof to said commission or otherwise. That the inhabitants of Berwick have easy communication with Morgan City by means of a steam ferry running between Morgan City and said suburb, parallel to said railroad, at about 100 yards distant therefrom, and across a distance of less than 700 yards; said ferry being easily reached at both ends from both the stations hereinafter referred to and all other points within Morgan City and its suburbs by the public streets; and the inhabitants of Berwick have thus better facilities for reaching a regular railroad station for freight and passengers, thoroughly equipped and maintained with all necessary employes and appliances, than have or can have the average population along the lines of other roads of petitioners, or of any other railroad similarly situated in the United States, and their facilities are equal to those of any other settlement similarly situated in the United States.

That nevertheless petitioners have caused to be placed at Berwick, and have for a long time maintained at that point, a suitable passenger station, consisting of white and colored waiting rooms, and have had their passenger trains Nos. 5 and 6 stop there daily for passengers, the amount of travel to and from Berwick not justifying the stopping of other trains at that point; and passengers there boarding said trains are charged only the rates that would be charged if tickets were sold by an agent there. Petitioners have also arranged that freight for Berwick, when so desired, shall be unloaded at Morgan City station, and there carefully checked, and then placed in a freight car and sent across the bayou to Berwick platform daily by the Morgan City switch engine; the freight in said car being distributed in separate piles for the various consignees, and being thus fully protected from the weather; and this method has long been in operation, with no loss or injury or inconvenience of any kind to the population of Berwick. That said platform at Berwick is situated on heavy grades, and that it would be both expensive and detrimental to the freight-train service for freight trains to stop and load or unload freight at that point, resulting in delays and increased expense and risk both to freight destined to Berwick, and to all other freight handled by petitioners.

That stations with far less facilities and accommodations, known at "flag stations," are and long have been common throughout the United States, and throughout the state of Louisiana, at points where the business is more remunerative and larger than at Berwick, and have been recognized as proper and reasonable by many courts, and especially by the supreme court of Louisiana. That all station facilities, not only at Berwick, but throughout petitioners' lines have been properly fixed and established by petitioners, with due regard to all financial and commercial conditions and laws which enter into, affect, or control the operation and management of railroads, both in the state of Louisiana and elsewhere, and which have been recognized as fair, just, and proper by all persons, commissions, courts, and bodies expert in or intrusted with such matters; and such facilities are properly adjusted with due regard to the earnings and expenses of operation, the revenue from rates, the amount of passenger and freight business, the value of the commodities transported, the volume of traffic, the amount of net earnings of the properties concerned, the original and annual cost of facilities, including the salaries of employes, the operating expenses, taxes, and fixed charges and capitalization of same, and all other circumstances fairly and justly affecting the question.

That said railroad commission did on August 2, 1900, issue an order decreeing that the Southern Pacific Company should erect within 60 days from the date of said order "a suitable station at Berwick, with a floor space of not less than 500 square feet," and that the said company should provide a representative or agent at that point; thus decreeing that said company shall provide a second station and agent less than 700 yards from a larger station, properly provided with all necessary equipment and employes.

Now petitioners show that said order of said commission is unfair, unjust, unreasonable, and in conflict with the rules hereinbefore stated, as observed with regard to the furnishing of railroad facilities, in the following particulars:

(1) That said facilities thus sought to be enforced are much greater than customary facilities afforded under similar conditions by other railroads, either in Louisiana or in other states of the Union.

(2) That the facilities thus sought to be enforced are not justified or demanded by the necessities and conditions of the traffic affected thereby. That the existing facilities are fair and reasonable in themselves.

(3) That the order of said commission is further unjust and unreasonable for this: that, without any justifying necessity, it imposes upon petitioners a certain large annual loss of revenue; and the necessity of making said expenditures not only for the construction and maintenance of said station house, but the salary of said agent, will involve to petitioners a large annual loss.

(4) That the said order of said commission is further unreasonable in this: that it discriminates in favor of said Berwick over all other settlements similarly situated in Louisiana, by prescribing facilities greater than can possibly be, or by order of said commission are to be, or are,...