75 So. 778 | Miss. | 1917
delivered the opinion of the court.
The Mississippi Railroad Commission was petitioned by the Business Men’s League of Corinth to require the Mobile & Ohio and Southern Eailroad Companies to construct a new union passenger depot in the city of Cor'inth. These two railroads cross each other at almost right angles. The present union passenger station is now situated in the southeast angle, south of the Southern Eailroad, and east of the Mobile & Ohio Eailroad. The petitioners ashed that the union passenger station be located in the northeast angle. The principal reason alleged for this change in location was in order to prevent passengers and other parties having business at the union station from crossing the tracks of the Southern Eailway Company at Filmore street crossing, which is one of the principal streets of Corinth, and which is a dangerous crossing. The Southern Eailroad at that time maintained nine tracks over this crossing. It was also alleged that the depot accommodations were insufficient. Already located at that time in the northeast angle — which, by the way, is an obtuse angle, as the two railroads do' not exactly cross at right angles — was. situated the freight depot of these two'railroad companies, and also, as a necessary adjunct to the freight depot, a great many tracks for switching were therein situated. The business portion of the town of Corinth, and a great many residences therein, are also situated in this northeast angle. If the passenger depot were located in that angle, then it would obviate the necessity of crossing over the tracks of the Southern Eailway Company at Filmore street crossing.
The'members of the Eailroad Commission personally examined the present union passenger station and the
The question is raised, but not seriously argued, that injunction was not the proper procedure by these companies. However, the Commission was not acting in a judicial or quasi judicial capacity in ordering the building of these depots. It was acting in its legislative or administrative capacity in doing so, and its procedure was proper, as is borne out by the authorities, which we deem it unnecessary to cite.
The principal contention of the Railroad Commission in this court is that under section 4836, Code of 1906, which reads as follows:
“Findings in Writing; Proof of; Effect of. — All findings of the Commission and the determination of every matter by it shall be made in writing and placed upon its minutes, and proof thereof shall be made by a copy of the same duly certified by the secretary under the seal of the 'Commission; and whenever any matter has been determined by the Commission, in the course of any proceeding before it the fact of such determination, duly certified, shall be' received in all courts and by every officer in civil cases as prima-facie evidence that such determination was right and proper; and the record of the proceedings of the Commission shall be deemed a public record, and shall at all seasonable times be subject to the inspection of the public,” the order of the Railroad Commission in this case was prima-facie evidence that it was right and proper, and that the lower court should have sustained this finding ’*114 unless the testimony showed “by clear and satisfactory evidence that the order of the Commission complained of is unlawful and unreasonable;” that if in this trial there were two reasonable theories, one that the order of the Commission was reasonable, the other that it was unreasonable, then it was the duty of the chancellor to uphold the order of the Commission. Minneapolis, etc., R. Co. v. Railroad Commission, 136 Wis. 146, 116 N. W. 905, 17 L. R. A. (N. S.) 821. The above.statute makes the findings of the Railroad Commission prima-facÁe evidence that they are right and proper. One who attacks an order of the Railroad Commission has the burden of proof resting upon him of establishing to the satisfaction of the lower court that the order of the Commission is not reasonable. This statute is perfectly plain and unambiguous. It was the duty of the lowér court to give to the findings of the Railroad Commission the benefit of this statute. Without reviewing all of the testimony introduced before the chancellor, it is sufficient to say that, from this testimony, he could have found, as in fact he did, that the greatest part of the danger at Filmore street crossing would be obviated by the removal of certain switch tracks ordered to be removed by the Railroad Commission.
It was contended, and testimony was introduced by the railroad companies, that there was not sufficient ground in the northeast angle at its disposal to maintain the union passenger and freight depots and all the necessary switch tracks.in that angle; that it would he highly dangerous, inconvenient and improper to maintain a passenger depot in such close proximity to the freight yards; that the passenger depot was practically a new -one, was adequate and sufficient and convenient to the public and to the railroad companines, and that it would be unreasonable and confiscatory to require these compaiiies to build another passenger depot just across the track from the site of the present one; that
The chancellor, after, hearing and considering the testimony, decided that the order to remove the passenger ■depot was unreasonable, and the injunction was made perpetual in that particular. He also decided that the present union station was inadequate, and ordered,certain changes made in it and certain work done at the Pilmore street crossing. The railroad company has not prosecuted an appeal from the latter part of this order; the Commission being the sole appellant. We are not therefore called upon to review the latter part of this decree.
It is earnestly insisted by the appellant in this case Ahat this court, in reviewing the decision of the chan
We, therefore, decline to disturb the findings of fact of the chancellor, and the decree is affirmed.
Affirmed.