106 Fla. 278 | Fla. | 1932
STATEMENT
In a bill of complaint filed under the statute by the railroad commissioners against the Atlantic Coast Line Rail-
That the Eailroad Commission has been advised by representative business men, Chambers' of Commerce and other agencies, through letters, telegrams, protests and resolutions that it was the intention of the defendant'to discontinue the operation of its said passenger train known
It is prayed that the defendant, Atlantic Coast Line Railroad Company, its agents, servants and employees, during the pendency of this suit be temporarily enjoined and restrained from discontinuing the running of its regular train carrying passengers known as the “SOUTHLAND” and operated by the defendant under train numbers 32 and 33, and from discontinuing the facilities, privileges, services and accommodations given, granted, extended and allowed the patrons of such passenger train until this defendant shall have fully complied with the laws of the State of Florida, and the rules of the Railroad Commission of the State of Florida, and made written application before and obtained the consent of the said Railroad Commission of the State of Florida to discontinue the running of such regular train carrying passengers known as the “SOUTHLAND” operating over what is known as the PERRY CUT-OFF from the Georgia-Florida line serving Monticello, Perry, Tampa and St. Petersburg and intermediate stations, and until the further order of this Court; that upon final hearing of this ease the restraining order and temporary injunction herein prayed for be made permanent.
The court “ordered, adjudged and decreed that the defendant, Atlantic Coast Line Railroad Company, its agents, servants and employees during the pendency of this suit be temporarily enjoined and restrained from discontinuing between and to and from stations on its line of railroad within the State of Florida, the running of its regular train carrying passengers' known as the “SOUTHLAND” and operated by the defendant under trains Nos. 32 and 33, and from discontinuing the facilities, privileges, services and accommodations given,
The defendant moved the court to dissolve the injunction and to dismiss the bill of complaint on grounds in substance that the railroad commission has no authority to require the defendant to perform the functions demanded.
The court denied the motion to dissolve the injunction and to dismiss the bill of complaint.
On appeal the defendant assigns' separately as errors the orders denying the motions to dissolve and to dismiss.
The statutes of Florida contain the following enactments :
“The provisions of this Chapter shall apply to the transportation of passengers and property and to the receiving, delivering, storage and handling of property wholly within this State and shall apply to all railroads, railroad companies and common carriers engaged in this State in the transportation of passengers or property by railroads or common carriers therein from any point within this State to any point*287 within this State. So far as is or may he permitted by the Constitution and the laws of the United States they shall apply also to interstate and foreign commerce and common carriers to and from points in this State.” Sec. 6700 (4615) C. G. L.
The Railroad Commission shall have the power “to prescribe all rules and regulations appropriate for the execution of any of the powers conferred upon them by law either in express terms or by implication.” Par. 13, sec. 6703 (4618) C. G. L.
“Every railroad company shall operate over every part of its line not less than one passenger and one freight train each way daily except Sunday, and if they shall so determine, such service will be deemed sufficient until the commissioners shall determine that the public need does not require a greater service than one mixed train each way daily except Sunday, and if they shall so determine, such service will be deemed sufficient until the commissioners otherwise order. This requirement of daily service except on Sunday shall not apply to railroads operated for less than one year, on which a less' service may be authorized by the commissioners, but nothing herein contained shall be held as limiting the right of the railroad commissioners to require of all railroads and common carriers such greater service as they shall deem to be to the best interest of the public.” See. 6706 (4621) C. G. L.
“Said commissioners may, at their discretion, cause to be instituted in any court of competent jurisdiction in this State, by the Attorney-General, State Attorney or special counsel, designated by them, in the name of the State, proceedings by or for mandamus, injunction, mandatory injunction, prohibition or procedendo, against any such company or common carrier, subject to the provisions of this Chapter, or against any office or officer, agent or agents thereof, to compel the observance of the provisions of this Chapter, or any rule, rate or regulation of the commissioners made thereunder. * * * Said commissioners are hereby given and granted full authority to do and perfoTm any act or thing necessary to bte*288 done to effectually carry out and enforce the provisions and. objects of this Chapter.” See. 6747 (4661) C. G. L.
It is alleged by the bill of complaint that the following Rule was adopted December 3, 1908, by the railroad commissioners :
“RAILROADS CANNOT DISCONTINUE PASSENGER TRAINS WITHOUT PERMISSION:
12. No railroad company shall discontinue running any regular train carrying passengers, either wholly or in part, without the consent of the Railroad Commissioners, previously obtained.
Written application for such consent must be made at least ten days before the date for the proposed discontinuance, but the Railroad Commissioners may, in their discretion, shorten the time of application for good cause shown.
This rule does not apply to a passenger train or trains put on for special occasions such as fairs', carnivals, conventions, excursions and the like.”
It is also alleged that Rule 16 of the Railroad Commission Rules contains the following which has1 been in force for more than five years past:'
“DISCONTINUANCE OF RATES, FACILITIES, PRIVILEGES AND SERVICE
16. # * * And any and all facilities, privileges, services and accommodations, now in effect or practiced, or hereafter made effective, extended or practiced, which give, grant, extend or allow patrons', shippers, subscribers or other persons transacting business with any of said companies under the jurisdiction of this Commission as much or more of the privileges, facilities, services or accommodations to which they are entitled by law or by rule, regulation or order of this Commission, whether such privileges, facilities, services or accommodations are given, granted, extended or allowed as the result of voluntary action upon the part of such companies, corporations or persons or otherwise, are hereby established as the requirements of the Railroad Commission of*289 Florida, and no sncli privileges, facilities, services or accommodations shall be discontinued without notice to the Railroad Commission of the State of Florida and the consent of said Railroad Commission first obtained so to do, but all such privileges, facilities, services and/or accommodations shall be given, granted, extended or allowed without hindrance, the same as other requirements of said Commission; Provided, nothing herein shall be construed as an attempt to unlawfully interfere with or burden interstate commerce, nor shall same apply to temporary services, facilities, accommodations and privileges extended under special circumstances and for a limited time only and so reported to the Commission.”
(after making the foregoing statement).— This appeal is from an order denying a motion to dissolve a temporary injunction restraining the discontinuance of the operation of interstate passenger trains which also carry intrastate passengers in Florida, until the carrier applies for and obtains permission to discontinue such trains from the Florida railroad commission. The order also denied a motion to dismiss the bill of complaint made a part of the motion to dissolve the temporary injunction. The appeal covers both phases of the order.
The constitution provides that:
“The legislature is invested with full power to pass laws for the correction of abuses and to prevent unjust discrimination and excessive charges by persons and corporations engaged as common carriers in transporting persons and property, or performing other services of a public nature; and shall provide for enforcing such laws by adequate penalties or forfeitures.” Section 30, Article XVI.
This organic provision and the statutes enacted thereunder, contemplate that State regulations of persons and corporations engaged as common carriers or performing other services of a public nature, shall be efficient and
The State Railroad Commissioners are statutory officers who have only such administrative regulatory authority as may be conferred and as is expressly or impliedly limited by statutes. Among the implied limitations of every legislative enactment is the requirement that every such enactment shall accord with the commands and limitations contained in the Federal and State constitutions.
In exerting the authority conferred upon them by statute, the railroad commissioners may, within the limitation expressly or impliedly defined by organic or stattory law, exercise reasonable administrative discretion and judgment to effectuate the intent of the law as it may legally be applied to varying conditions. Statutory authority given to administrative officers, must be exerted in accordance with the requirements of controlling provisions and principles of law; and every exercise of such authority must be authorized by controlling law and must be reasonable and appropriate in the method and extent of its application. Rules duly adopted by the railroad commissioners may be the exercise of authority conferred by statute; but such rules cannot add to or vary the nature or the extent of the authority conferred upon the commissioners. Such authority must be conferred by a duly enacted statute having the force of law pursuant to the commands and limitations of the
The Florida Railroad Commission has authority under the statute to regulate intrastate passenger transportation even on interstate trains when Federal authority is not interfered with; but it cannot enforce the continued operation of an interstate passenger train merely because it carries passengers between points in the State on its line. In the absence of a controlling Federal regulation upon the subject, the State commission may require application to be made to it for permission to discontinue intrastate passenger service by an interstate passenger train on its regular line. This is permissible to enable the State commission to make proper orders for the rendering by the carrier of the intrastate service that may be interrupted by a discontinuance under Federal authority of the interstate trains that had been rendering the intrastate service.
The allegations of the bill of complaint indicate that if the interstate train known as the “SOUTHLAND” is discontinued, there should be . supplied a substituted service to meet the reasonable requirements of the intrastate traveling public to and from the Florida points named. Such reasonable passenger service may be duly required o'f the carrier on its interstate trains by the railroad commission under the statute in the absence of conflicting Federal regulations. Such requirement may be lawfully accomplished, not by an enforced continued operation of an interstate train, but by requiring the defendant common carrier to supply the appropriate service by means of proper train facilities operating between Florida points, if and when the operation of the interstate train is discontinued.
The commissioners may require reasonable notice of a contemplated discontinuance of intrastate service being
Predicated upon allegations quoted in the statement herein, the prayer of the bill of complaint is that the defendant railroad common carrier be enjoined from discontinuing the running of its1 regular trains carrying passengers known as the “SOUTHLAND” and from discontinuing the services extended the patrons of such passenger trains until the defendant shall have fully complied with the laws of Florida and the rules of the railroad commission, and made written application for and obtained the consent of the railroad commission-to discontinue the running of such regular train carrying passengers known as the “Southland” operating over xvhat is known as the.Perry Cut-Off from the Georgia-Florida line serving Montieello, Perry, Tampa and St. Petersburg and intermediate stations and until the further order of the court. The injunction order substantially follows the prayer of the bill as shown by the statement herein. The train known as the “Southland” is shown to be an interstate train. While the railroad commission may regulate the transportation of intrastate passengers on an interstate train, where there is no conflicting Federal regulation, and may require appropriate and adequate train facilities for such intrastate passengers, the State authority has no power to require the continued Operation of an interstate train, even
The order herein does not only enjoin the defendant from discontinuing the intrastate service between points in Florida, or by mandatory injunction under Section 6747 Compiled General Laws, require the defendant to supply the needed intrastate service by appropriate train facilities, if and when the operation of the interstate train known as the “Southland” is discontinued on the line of defendant’s railroad in Florida referred to in the prayer and in the order. The injunction order attempts to restrain the alleged threatened discontinuance of the operation of an admitted interstate train, and does not merely enjoin the discontinuance of intrastate service.
The order denying the motion to dismiss the bill of complaint is affirmed. The order denying the motion to dissolve the injunction is reversed and the cause is remanded with permission to allow the bill of complaint to be amended if desired and for further proceedings to an' appropriate decree consistent with the principles stated in this opinion.
It is so ordered.
I think that the Railroad Commission of the State of Florida has no power under its rules to require the Atlantic Coast Line Railroad Company to make application to and obtain permission from the Railroad Commission to lawfully discontinue the service afforded by interstate trains which is made the subject of the bill of complaint in this ease. The injunction therefore was improper and should be dissolved. It may be proper to allow the bill to be amended to present a case within the