72 So. 397 | Ala. | 1916
This is an appeal from a judgment of the city court of Montgomery, sustaining a demurrer to the appellant’s petition for a writ of mandamus to compel appellees to establish a physical connection between their tracks, in order to facilitate the interchange of traffic between them at Samson in this state, according to the order of the railroad commission previously made.
The formal order of the railroad commission, a copy of which is exhibited with the petition, contained the following recital:
“In the above cause (Railroad Commission of Alabama v. Louisville & Nashville Railroad Company and Central of Georgia Railway Company), the defendant, the Louisville & Nashville Railroad Company, was represented by its attorney, George W. Jones, and the Central of Georgia Railway Company by its attorney, Major R. E. Steiner. Answer filed by the Louisville & Nashville Railroad Company. No testimony taken. The following decision and order rendered.”
And upon this the order followed.
Neither the general power and authority of the railroad commission in the premises nor the jurisdiction of the trial court are
Section 5535 of the Code provides that the railroad commission may make an order for the making and maintenance of a physical connection between railroads to or through the same city or town, so that cars may be transferred from one to the other and traffic may be interchanged between them “where such connection, in the judgment of the railroad commission, is reasonably practicable and can be put in with safety, and will furnish sufficient business to justify the construction and maintenance of the same where rights of way can be obtained by condemnation or otherwise, on terms deemed reasonable by the railroad commission.”
- Section 1 of the act approved November 23, 1907 (Acts Sp. Sess. p. 29 et seq.) uses languages broad enough to cover the same ground. It provides: “That, if, in the judgment of the railroad commission, repairs or improvements to or changes in any * * * terminals or terminal facilities * * * ought reasonably to be made, or that any additions should reasonably be made thereto * * * in order to secure adequate service or facilities for the transportation of passengers, freight or property, the commission shall, after a hearing had either on its own motion or after complaint filed, make and secure an order directing such repairs, improvements, changes or additions to be made within a reasonable time and in a manner tó be specified therein.”
It adds the provision that the commission may proceed on its own motion. At the time of the passage of this act, section 5667 of the Code (section 23 of the Act of Feb. 23, 1907 [Gen. Laws 1907, p. 143]), provided for an investigation upon the complaint of any person, firm, corporation, or association, etc., that any service is inadequate, section 5668 provided that parties should be heard and have process to enforce the attendance of witnesses, while section 5669 provided for the order to be made.
All legal intendments are within the orders of the railroad commission, and its orders will be upheld unless their invalidity is made to appear. The presumption is that the orders of the commission are made upon proper evidence and are reasonable.— Railroad Commission v. A. G. S. R. Co., 185 Ala. 354, 64 South. 13, L. R. A. 1915D, 98. But we can imagine no reason for the recital that no testimony was taken if it be not the veritable statement of a fact, made in order to disclose the true foundation of the order, which is in the nature of a judicial judgment, by showing that the commission proceeded to the necessary finding of facts upon its unaided opinion as to the public demand and right in the circumstances presented by the situation at Samson, or perhaps upon information with respect thereto gathered in an informal way from outside sources. Such is the just and reasonable intendment of the recital. We do not pretend that the commission is bound by the strict rules of evidence which obtain in suits between private parties; but, as observed by the Supreme
Affirmed.