A
demurrer to an alternative writ of mandamus stands upon the
same footing as a demurrer in any other action at law, and is
to be treated in the same way, that is, as admitting as true
all such matters of fact as are sufficiently pleaded.
A
demurrer to an alternative writ of mandamus admits as true
all well-pleaded allegations of fact and all fair and
pertinent inferences or conclusions of fact in the writ that
are not inconsistent with or repugnant to accompanying
specific detailed allegations of facts and circumstances; but
it does not admit conclusions of law stated in the writ.
In
mandamus, certainty of allegation is requisite; but, if the
alternative writ states the facts on which the demand is
based with sufficient precision to express the right of the
relator and the duty of the respondent in such a manner that
the ordinary mind may easily apprehend them, this is all the
certainty required to defeat a demurrer.
In
passing upon a demurrer to an alternative writ of mandamus
matters dehors the writ cannot be considered, but only such
matters as appear upon the face of the writ.
It is
not the province of a demurrer to set out the facts; it
involves only such facts as are alleged in the pleading
demurred to, and raises only questions of law as to the
sufficiency of pleadings which arise on the face thereof.
Section
2893 of the General Statutes of Florida 1906 expressly
confers upon the Railroad Commissioners the authority 'to
require two or more railroads entering the same town or city
to erect, operate and maintain a joint passenger terminal or
union depot,' and the authority given by this statute
clearly includes the right to make a just and reasonable
order for the erection of railroad depots in this state for
the convenience of the public.
Orders
made by the Railroad Commissioners are prima facie reasonable
and just, and, unless overcome by evidence, such orders are
enforceable.
COUNSEL
F. M. Hudson, of Tallahassee, for relators.
W. J
Oven, of Tallahassee, and Wilson & Boswell, of Bartow, for
respondents.
The alternative writ of mandamus issued by this
court, omitting the formal parts, is as follows:
'(1)
That the Atlantic Coast Line Railroad Company is a railroad
corporation created and organized under the laws of the
state of Virginia, and the said company owns and operates
and for many years last past has owned and operated, a line
of railway lying within the state of Florida, and extending
therein from Lakeland in a southerly direction to Ft
Myers. That the said company transports persons and
property over its said line of railroad as a common carrier
for hire, and holds itself out as such common carrier for
hire, and transports persons and property from points in
this state to other points in this state as such common
carrier for hire aforesaid.
'(2)
That the Seaboard Air Line Railway is a railroad
corporation created and organized under the laws of the
state of Virginia, and the said company owns and operates a
line or lines of railway lying within the state of Florida.
That the said company transports persons and property over
its said lines of railroad as a common carrier for hire,
and holds itself out as such common carrier for hire, and
transports persons and property from points in this state
to other points in this state as such common carrier for
hire as aforesaid. That prior to the 29th day of July,
1912, the said Seaboard Air Line Railway had undertaken and
entered upon the construction of a line of railway lying
wholly within the state of Florida, extending from Mulberry
in an easterly direction to the town of Bartow, and that on
said 29th day of July, 1912, the said work had not been
completed, but that the right of way had been cleared to
and into said town of Bartow, and the grading
of the said line had been largely completed, and the track
had been partly laid.
'(3)
That on the 29th day of July, 1912, the said Railroad
Commissioners of the state of Florida did give notice in
writing to the said Atlantic Coast Line Railroad Company
and the said Seaboard Air Line Railway that they, the said
Railroad Commissioners, would hold a meeting in the said
town of Bartow on the 21st day of August, 1912, at 10
o'clock in the morning, to hear and consider whether or
not the said Railroad Commissioners ought to make an order
requiring the said Atlantic Coast Line Railroad Company and
the said Seaboard Air Line Railway to erect a joint
passenger station in the said town of Bartow, and, if so,
of what dimensions and arrangements and with what
conveniences the same should be constructed, and also where
the same should be located.
'(4)
And thereafter, on, to wit, the said 21st day of August,
1912, at 10 o'clock in the morning, pursuant to said
notice, the said Railroad Commissioners, being then and
there duly in session at Bartow, the said Atlantic Coast
Line Railroad Company and the said Seaboard Air Line
Railway then and there appeared by their representatives,
who were fully heard in the premises. And likewise appeared
certain persons as representatives of the citizens and town
council of the town of Bartow, and both sides were
represented by counsel, and were fully heard. And thereupon
the said matter was taken under advisement.
'(5)
That thereafter, on, to wit, the 6th day of September,
1912, the said Railroad Commissioners did make and enter
their certain order No. 369, in words and figures
following, to wit:
"Order No. 369.
"File
No. 3296.
"Before
the Railroad Commissioners of the State of Florida.
"In
the Matter of the Erection of a Joint Passenger Station by
the Atlantic Coast Line Railroad Company and the Seaboard
Air Line Railway in the Town of Bartow.
"After
due notice to the Atlantic Coast Line Railroad Company and
the Seaboard Air Line Railway, this matter came on for
consideration at the courthouse in Bartow, Florida, on the
21st day of August, 1912; the said Seaboard Air Line
Railway appearing
by Mr. W. L. Sedden, chief engineer, and Honorable W. J.
Oven, division counsel, the said Atlantic Coast Line
Railroad Company appearing by Mr. M. Riddle, general
superintendent, the original petitioners appearing by
Honorable W. J. Brady, their counsel, the board of trade of
Bartow appearing by J. G. Gallamore, Esq., and Messrs.
Albritton, Goode, Wilson, Hutton, and Bailey appearing for
the various petitioners, all of whom were fully heard. The
commissioners also inspected the various locations
suggested for a joint station, and thereupon the matter was
taken under advisement.
"Now,
in this day, the said matter coming on for further
consideration, and the commissioners being advised in the
premises, do find that the Atlantic Coast Line Railroad
passes through Bartow; that the Seaboard Air Line Railway
Company owns right of way through the said town to the
right of way of the said Atlantic Coast Line Railroad; and
that each of said companies is engaged in transporting
passengers from points in Florida to other points in
Florida; and that, upon the completion of the
said Seaboard Air Line Railway to Bartow, Bartow will be
the connection point from which passengers traveling to
points on one of said lines to points on the other of said
lines will be transferred; that, for the proper
accommodation of the traveling public, the said Atlantic
Coast Line Railroad Company and the said Seaboard Air Line
Railway ought, in view of the conditions shown at said
hearing, to be required to ercet and maintain a joint
passenger station at the said town of Bartow.
"That,
in view of the said conditions, the location hereinafter
described is the most feasible location for said station
because of its reasonable convenience to the said town of
Bartow and its proximity to the said lines of railroad, and
that the said companies now own the lands wherein it
appears most feasible to locate said station.
"Wherefore,
we, the said Railroad Commissioners of the state of
Florida, do hereby order and adjudge that the said Atlantic
Coast Line Railroad Company and the Seaboard Air Line
Railway shall erect a joint passenger station at the said
town of Bartow, and that the said station shall be provided
with separate waiting rooms and ticket windows for the
white and colored races, according to law, the waiting room
for white persons to have floor dimensions of at least 650
square feet, and the waiting room for colored persons to
have floor dimensions of at least 440 square feet; that
suitable toilet rooms for each sex shall be provided for
white passengers, and suitable toilet rooms for each sex
for colored passengers, and that suitable sheds, platforms,
and walks, and a suitable baggage room shall be provided;
that adequate lights and all other facilities and
conveniences necessary and suitable for the proper
operation of the said station shall be provided; and that
the said station shall be located at the
intersection of the Atlantic Coast Line Railroad with the
Seaboard Air Line Railway extended from its present
proposed terminus along the right of way now owned by the
said Seaboard Air Line Railway, the said station to be
adjacent to the said Atlantic Coast Line Railroad, and west
thereof, and adjacent to the said Seaboard Air Line Railway
when completed to the said intersection, and south of the
said Seaboard Air Line Railway.
"It
is further ordered that the said companies submit to us
plans of the said station building,
...
