State Ex Rel. Burr v. Seaboard Air Line Railway Co.State Ex Rel. Burr v. Seaboard Air Line Railway Co.
The order permitting Marbourg to intervene was erroneous and is reversed on authorities here cited.
WHITFIELD, P. J., AND BUFORD, J., concur.
ELLIS, C. J., AND STRUM AND BROWN, J. J., concur in the opinion.
1. Administrative orders, quasi judicial in character, are void if a hearing was denied, or if granted on an inadequate or unfair hearing, or if the finding was contrary to the “indisputable character of the evidence.”
3. Where the identical testimony was re-examined and no undue hardship is shown to be imposed on the Railroad Company as a result of such change, the change of one of its orders on the part of the Railroad Commissioners from a joint to a several one amounts to a change in form only.
4. Where no undue burden is imposed on Interstate Commerce, the power of the Railroad Commissioners to require improvements in depots for the safety and convenience of passengers is plenary.
5. This Court will not disturb the findings of fact on the part of the Railroad Commissioners even when based on conflicting testimony. It will, however, on presentation of a justiciable question determine the legal effect of the evidence, whether the order as made deprives the respondent of a constitutional or statutory right or for any reason is contrary to law, and whether or not the hearing incident to making the order was fair and adequate.
6. Under the common law, where the performance of a series of acts by different parties was necessary to the ultimate object of a writ of mandamus, it was proper to make them all parties respondent.
A case of original jurisdiction.
Motion granted.
Fred H. Davis, for Relators;
TERRELL, J.—This case is here for disposal the second time. In the former opinion reported in — Fla. —, 104 South. Rep. 602, the motion for peremptory writ was denied because respondents jointly were commanded by the alternative writ to erect and maintain in connection with the south side of their joint passenger terminal station at Lake City, Florida, 350 feet of umbrella shed with hard surfaced platform, and in connection with the north side of said joint passenger terminal station 100 feet of umbrella shed with hard surfaced platform. It being made to appear by the facts exhibited that the duty was on each respondent separately to erect and maintain the said upbrella shed along its particular road, if it in law was proper to be required, and that there was no joint duty in such erection.
Relators amended their original order and on petition the alternative writ was amended to conform to the views of this Court expressed in the opinion on the former hearing. Respondent, Seaboard Air Line Rairoad Company confessed the facts alleged in the amended alternative writ and withdrew all objection to the requirements as to it in the amended order, so the cause is now before us on the resistance of the respondent Georgia Southern & Florida Railroad Company to the amended order which in effect required the Seaboard Air Line Railroad Company to construct that portion of the umbrella shed ordered to be constructed adjacent to its track, and likewise required the Georgia Southern & Florida Railway Company to construct that portion of the umbrella shed ordered to be constructed adjacent to its track.
The former opinion in this case was filed May 25, 1925,
The law is well settled that administrative orders, quasi-judicial in character, are void if a hearing was denied, or if granted on an inadequate or unfair hearing, or if the finding was contrary to the “indisputable character of the evidence.” Interstate Commerce Commission v. Louisville & N. R. Co., 227 U. S. 88, 33 Sup. Ct. Rep. 185; Louisville & N. R. Co. v. Sloss-Sheffield Steel & Iron Co., Supreme Court Rep. Dec. 15, 1925, page 73.
The law is also well settled that the Railroad Commission, like a Court, may of its own motion or by request correct or amend any order still under its control without notice and hearing to parties interested, provided such parties cannot suffer by reason of the correction or amendment, or if the matters corrected and amended were embraced in testimony taken at a previous hearing. Interstate Commerce Commission v. Louisville & N. R. Co., supra.
The contention of respondent that the change in the amended order was one of substance and not form only is not well grounded. The sole purport of the amendment was to change the order of the Railroad Commission from a
The power of the Railroad Commission to require such improvements or betterments as are involved in this litigation was fully covered in our former opinion in this case. It was there in effect held that such power was plenary if the requirement imposed no undue burden on interstate commerce. It was shown at the former hearing that the total cost of the umbrella shed ordered constructed on the part of the respondent Georgia Southern & Florida Railway Company would amount to not exceeding $3,600.00. It is not shown here that this amount would be increased under the amended order; nor is it shown or alleged that the expenditure of this amount would impose a burden on interstate commerce or that respondent would be compelled to issue bonds or other evidences of indebtedness to be approved by the Interstate Commerce Commission for the purpose of complying with the amended order.
In cases of this kind the Court will not disturb the findings of fact on the part of the Railroad Commission even when based on conflicting testimony. The credibility of the witnesses and the conflicts in the testimony must be reconciled by the Commission. The Court will, however, on presentation of a justiciable question determine the legal effect of the evidence, whether the order as made deprives the respondent of a constitutional or statutory right, or for any reason is contrary to law, and whether or not the hearing incident to making the order was fair and adequate.
It is last contended that the Seaboard Air Line Railway Company and the Georgia Southern & Florida Railway Company are improperly joined as parties respondent.
Under the common law where the performance of a series of acts by different parties was necessary to the ultimate object of the writ of mandamus it was proper to make them all parties respondent; but aside from the common law rule, we think
The amended order complained of being one of form only, and it not being made to appear that respondent is harmed thereby, or that it directly or indirectly imposes a burden on interstate commerce, the motion for peremptory writ will be and is hereby granted.
ELLIS, C. J., AND WHITFIELD, STRUM, BROWN AND BUFORD, J. J., concur.
PER CURIAM.—A petition for rehearing suggests that the order of the Railroad Commissioners is without force and effect unless there be a finding that the facility reqiured to be furnished is duly found by the Commissioners to be necessary for the “safety” of passengers.
The general and special powers conferred upon the Railroad Commissioners by the statutes of the State clearly authorize appropriate orders by the Commissioners requiring
The original order herein was not enforced because it was joint when the duty was several. The present order made upon a proper predicate is several and enforceable.
Rehearing denied.
All concur.