82 Fla. 255 | Fla. | 1921
Lead Opinion
The alternative writ alleges “That said Jacksonville Terminal Company is a company operating a passenger terminal or union depot in the City of Jacksonville, Florida, for the purpose of receiving, delivering or transferring passenger traffic to and from the City of J acksonville, Florida, or to or from one or more of' the railroads operating its train'service into said terminal dr
‘ ‘ 5. And now on this day the said matter coming on for further and final consideration before said Commissioners in regular session at their office in the City of Tallahassee, Florida, and it appearing to said Commissioners, from the evidence, adduced at said hearing, that the practice of the Jacksonville Terminal Company of honoring the baggage claim checks issued by the Jacksonville Baggage & Cab Company, and in refusing to honor baggage claim checks issued by other persons or companies engaged in the transfer business at Jacksonville, Florida, actually results and operates as an unreasonable and unjust discrimination against persons or passengers sending their
“6. Wherefore it is considered, ordered and adjudged by the Railroad Commissioners of the State of Florida, that the said Jacksonville Terminal Company be and it is hereby notified and required to cease and desist from practicing the unjust and unreasonable discrimination in this order found to exist, by fully complying with the rule made and promulgated in Section 7 of this order for the reception of baggage at said union depot in Jacksonville, Florida.
“7. And it is further considered, ordered and adjudged by the Railroad Cmnmissioners of the State of Florida that the Jacksonvile Terminal Company, for the good and convenience of the traveling public, shall, upon application to it, provide and issue for reasonable charge and in sufficient numbers to all persons and companies duly licensed by law to do a transfer business in the City of Jacksonville, Florida, triplicate stub form baggage claim checks in serial numbers for use in the transfer and delivery of baggage to the union station of the Jacksonville Terminal Company at Jacksonville, Florida, the first and last stubs of such baggage claim checks to contain suitable blank lines for filling in the name of the baggage transfer company or person conveying the baggage to the said station, the second
‘ ‘ 12. That said respondents have disregarded and failed to obey and observe said Order No. 724, as above set forth, and are still in default therewith, in that said respondents have failed and refused to provide and issue, on application to it, for a reasonable charge and in sufficient numbers, to all persons and companies duly licensed by law to do a transfer business in the City of Jacksonville, Florida, triplicate stub form baggage claim cheeks in serial numbers for use in the transfer and delivery of baggage to said union depot of the Jacksonville Terminal Company at Jacksonville, Florida, in the form prescribed in and by Section 7, of said Order No. 724, and in this respect said respondents are violating, disregarding and refusing to obey Section 7, of said Order No. 724.’ ”
The command of the alternative writ is that the Jack
“To receive at said union depot for transportation all baggage to which there is attached together the first and middle stubs of such baggage claim check, and on the receipt of such baggage to remove such middle stub from such baggage and deposit the same with the checking clerk at the checking window of said union depot, and, upon or after receipt of such baggage, on presentation at the checking window of said depot of the duplicate claim check bearing the same number as said middle stubs so deposited, accompanied by a proper railroad ticket, to cheek such baggage to its destination without further identification of baggage, as required in and by paragraph No. 7, of said Order No. 724.
“And in all things to fully observe and comply with said Order No. 724 of the said Railroad Gommisioners of the State of Florida.’
If the purpose of the writ is to prevent an existing discrimination as to the traveling public resulting from the issuance by the Terminal Company of baggage claim checks to one transfer agent and not to others, the writ does not command the Terminal Company to issue cheeks to all transfer cOlhpanies ón the same of like conditions that are now observed in issuing sUch checks to the one transfer company; but the writ Commands the respondents to “provide and issue, on application to it, for a feasonable charge and in. sufficient numbers, to all p'efsons and Companies duly licensed by law to do a transfer business in the City of Jacksonville, Florida, triplicate (stub form b'aggage claim checks in serial numbers, ’ ’ &c.
The Railroad Commissioners, within their authority, for the correction of abuses and to prevent unjust discrimination and excessive charges, may supervise and regulate the operations of common carrier corporations; but orders of the Railroad Commissioners do not confer upon such corporations any powers that are hot granted by their charters or by the law: If a particular corporate function is not authorized by the corporate charter or by the láw, it caiihot
The alternative writ is quashed.
Concurrence Opinion
Concurring. — In checking baggage the Jacksonville Terminal Company is the agent of the railroad company which receives it for transportation.
It is the railroad that contracts to transfer the baggage to its destination, and the check is an acknowledgment and admission by the railroad that it has received the baggage. Before it acknowledges having received it, it has the right to be satisfied on that point, and also to require satisfactory proof that the baggage sought to be checked belongs to the ticket holder, or is in his possession or under his control. The railroad may accept the bare word of the ticket holder that a certain trunk is his, but in doing so it assumes all liability. It accepts the word of the ticket holder in lieu of proof. As to another ticket holder, the railroad may require proof, of the ownership of or authority over the trunk before issuing a check for it and assuming consequent liability. The check is the acknowledgment that the trunk has been received by the railroad and it is estopped from denying this.
The case as presented by the petition is, that the railroad’s agent, the Terminal Company, accepts a claim check from the Jacksonville Baggage & Cab Company as satisfactory proof that the trunk that this company delivers to the
It takes a risk in doing this, but its willingness to assume this risk with regard to one person or company, and not for others, is no ground for mandamus to require it to assume the same risk with regard to all licensed draymen in the City of Jacksonville.
The writ if issued will require the Terminal Company to do this, and “to check baggage to its destination without further identification of baggage.”
A passenger’s railroad ticket is his contract with the railroad company that it will transfer him and his baggage to destination; the check'is the railroad’s acknowledgment that it has received .the passenger’s baggage and will transport it to its destination.
To grant the prayer of the petition would deprive the railroad company, or its agent the Terminal Company,' of its right to require identification and satisfactory proof of ownership of baggage, before checking it-to destination.
The railroad’s position is that, a stub from every Tom, Dick or Harry, holding a license from the city to do a transfer business, is not sufficient proof that such licensee delivered to the Terminal Company the trunk that the prospective passenger entrusted to him.
This Court by issuing the writ will say, in effect, that “the stubs are ample proof, and must be accepted from every licensed drayman or transfer company as such. ’ ’
The attitude of-the railroads is that they are willing to accept the stubs from such transfer companies as they consider reliable,- or that are financially responsible to answer
This reasonable measure of protection required by the Terminal Company we are asked to say is “unjust and improper discrimination.” I do not so regard it. On the contrary, it is a wise and reasonable rule, for the protection of the prospective traveler, as well as for the railroads.
In some of the larger cities the railroads furnish certain hotels with duplicate baggage checks, and upon presentation of a railroad ticket to the head porter of the hotel, baggage is checked at the hotel, and duplicate railroad check is given to the prospective passenger. The railroads cannot be required to do this, and if they do they assume responsibility for any mistakes made by the hotel in checking the baggage. In such transactions, the hotel acts as the agent of the railroad, precisely as the Jacksonville Terminal Company acts as the agent of the railroads in checking baggage.
If the principle upon which the writ is asked for in this case is a sound one, the railroads could be required by mandamus to furnish duplicate. railroad checks to every hotel and lodging house licensed in the city, and permit them to check trunks to destination, and be responsible for their acts.
Dissenting Opinion
Dissenting. — -An alternative writ of mandamus was issued to the Jacksonville Terminal Company and J. L. Wilkes, General Manager, upon the petition of the Railroad Commissioners to compel the respondents to obey Order No. 724 which required the Jacksonville Terminal Company, upon application to it upon the payment of a
The alternative writ alleged that the Jacksonville Terminal Company operates a passenger terminal or union depot in Jacksonville for the “purpose of receiving, delivering or transferring passenger traffic to and from the City of Jacksonville, Florida, or to or from one or more railroads operating its train service into said terminal or depot from
The order commands the Terminal Company to desist from practicing the unjust discrimination by complying with the rule prescribed and herinbefore quoted.
It is apparent from the allegations of the writ that the trouble which caused the complaint and finally resulted in the order made by the Eailroad Commissioners comes about in the following manner: A prospective passenger on one of the railroad lines running into the terminal station at his hotel or residence in the city calls for the services of a transfer company or a person engaged in the transfer business in Jacksonville, in the removal of his trunk or other baggage which he desires to have checked by the railroad company upon whose line he proposes to travel, from his residence or hotel to the union depot operated by the Terminal Company.
The purpose of the order was to prevent such discrimination and abuse of privilege and to require the establishment of a system for the reception and identification of baggage that will secure to all persons alike equal facilities for the identification and cheeking of their baggage.
The order although mandatory in its language as to the checking clerk’s authority and the duty of the Terminal
The wisdom of the rule is not apparent, but with that we have nothing to do. If the traveling public is willing to have its baggage checked by transportation companies upon what in many cases will be most unsatisfactory evidence of identification it must be held to vouch for the evidence which it furnishes and cannot complain if it proves to be unreliable. There is nothing in the rule preventing a pas
It is one of the duties of a common carrier to transport the baggage of passengers and to provide a place for its reception and facilities for its identification and checking when that system is in practice. The respondent Terminal Company is empowered under its charter to, and is employed' in the business (so it is alleged in substance) of providing baggage rooms for its railroad patrons and facilities for the identification and checking of such baggage. It is a common carrier so far as it carries on within the scope of these activities and is under the jurisdiction of the Railroad Commissioners. Sections 4615, 4617, 4618 Revised General Statutes, 1920; Kates v. Atlanta Baggage & C. Co., 107 Ga. 636, 34 S. E. Rep. 372, 46 L. R. A. 431; Smith v. Boston & Maine R. Co., 44 N. H. 325, text 330; Woods v. Devin, 13 Ill. 746; Johnson v. Florida East Coast R. Co., 66 Fla. 415, 63 South. Rep. 713.
The case presented is not analogous to those where railroad companies give to certain draymen or transfer companies the exclusive privilege of soliciting employment
A motion was made by respondent to quash the alternative writ. I am of the opinion that the motion should be denied. I am authorized to say that Mr. Justice West concurs in this opinion.
Rehearing
On Petition for Rehearing.
The following petition for rehearing was filed:
“Come now the relators in the above entitled cause, by their undersigned attorney, and respectfully suggest that the court erred in rendering its decision and judgment herein, and particularly in pronouncing the order quashing the alternative writ heretofore issued in said cause, for the following reasons:
“1. That in deciding said cause said court failed to consider that corporate charters of common carriers are controlled by the provisions of the statutes of the State which grant to the Railroad Commission authority to make rules and regulations for the correction of abuses, prevention of unjust discrimination and the regulation of all matters pertaining to the receipt, handling, carrying, transportation and delivery of property, and the care, comfort, convenience and accommodation of passengers for the good of the public; and that the order in question, made by the Railroad Commission, was made and promulgated for the convenience of passengers in the reception and identification of baggage, and that therefore the mailing of said order was within the power and jurisdiction of the commission as conferred by the statutes of this State.
“3. That all common carriers subject to the supervision and regulation of the Railroad Commission must perform the duties prescribed by the Railroad Commission regardless of their express corporate charter power; and all provisions of the statutes of the State and consequently all orders of the Railroad Commission duly made thereunder are implied in law as corporate charter powers.
“4. That every carrier corporation has inherent and implied power in addition to the express powers provided for in its charter to do and perform all acts required by orders of the Railroad Commission duly made under the statutes of the State of Florida.
“5. That the court in pronouncing judgment herein tested the sufficiency of the alternative writ by absence therefrom of an allegation that the Terminal Company, as the agent of the several railroads entering the terminal depot, is authorized to check baggage to its destination; and therein the court erred, for the reason that Section 4618 of the Revised General Statutes of 1920, (now incorporated in Chapter 8469, Acts of 1921), provides that ‘every rule, regulation, schedule or order heretofore or hereafter made by the Commissioners shall be deemed and held to be within their jurisdiction and powers, and to be reasonable and just and such as ought to have been made in the premises, and to have been properly made and arrived at in due form of procedure, and such as can and ought to be executed, unless the contrary plainly appears
“6. That it is a matter of common knowledge that the Terminal Company, by consent of, or arrangement with the carriers using the terminal depot at Jacksonville, Florida, for years has received and checked to its destination the baggage of passengers traveling by railroad from that city; and there is a presumption of law growing out of that practice that the Terminal Company is authorized to do that which said carriers, by themselves or through their agents and servants, are bound by law to do for the convenience of the traveling public. In testing the sufficiency of the .alternative writ the court inadvertently omitted to give consideration to this feature of the case; and by the terms of its opinion rendered herein called for a showing of facts the existence of which was judicially known to the court and ought so to have been considered.
£ £ 7. That the judgment giveh herein seems to have been based upon the reasoning that since there was no affirmative showing that the Terminal Cóínpany, by its charter, was empowered to issue baggage claim checks for the purpose of identification, the Railroad Commission was without authority to compel it to do so; but this reasoning apparently ignores the essential and underlying consideration that pervades every field of corporate enterprise and by which must be determined on the one hand that which
“8. That the court, in pronouncing judgment herein, adhered to the strict rules of pleading ordinarily applicable in mandamus proceedings, giving every intendment against the relators and resolving every presumption, by omission of allegation or otherwise, against the demands of the alternative writ; whereas Chapter 8469, Acts of 1921, (and Section 4518 of the Revised General Statutes of 1920, which was superseded by said Chapter 8469), provides that where the powers and jurisdiction of the Railroad Commission are called into question, or the validity of any order promulgated by them is in doubt, the promulgations and doubts in every such case shall be resolved in favor of said commission, and in support of their jurisdiction, the regularity of their proceedings and the reasonableness and justness of the orders made by them.
“9. That the order to issue claim checks to all transfer agents does require the Terminal Company to issue such checks to all transfer agents on identically the same terms and conditions.
“10. That it does not appear by said alternative writ that said Terminal Company is issuing baggage claim checks to any transfer agent and not to others.
“Wherefore, in consideration of the premise's, relators pray that said cause be ordered to reheáring, and that upon rehearing thereof before the court counsel for the respective parties shall be allowed the privilege of oral argument; that said order quashing the alternative writ herein be vacated and set aside, and that the respondents
Respectfully submitted,
JAMES E. CALKINS,
Attorney for Relators.
There is nothing in the titles or contents of the statutes prescribing the powers and duties of the Railroad Commissioners, that indicates a legislative intent to authorize the Railroad Commissioners to add to or vary the charter powers of common carrier corporations, even if such an intent would be operative as law in view of constitutional provisions and limitations.
The provisions of the statute that “every rule, regulation, etc., made by the Commissioners shall be deemed and held to be within their jurisdiction and powers,” etc., has reference to the authority of the Railroad Commissioners and not to the corporate powers of chartered companies, and the provision does not purport to dispense with a proper showing that the corporate act required of a common carrier by the Railroad Commission is within the corporate authority of the common carrier when such authority is not contained in a statute and does not appear to be a necessary incident to corporate powers that do appear. The statutes of the State do not authorize the respondent company to issue baggage claim checks to persons and companies doing a baggage transfer business, and there is nothing in the writ to indicate that the Terminal Company has such corporate power. The issuance of such cheeks is not a necessary incident to the powers of a terminal company.; and for aught that appears the powers of' the respondent company may be .specifically limited. If the com
If the court can take judicial notice of the practice of a particular corporation, it does not follow that the practice is authorized by the corporate charter.
If the terminal company has corporate power to issue baggage claim cheeks to persons and companies doing a transfer business, and this is duly made to appear, then the presumption of jurisdiction and propriety of the Eailroad Commission’s order should be indulged under the statute. Similar considerations affect the question of checking baggage to destination beyond the limits of the terminal company’s activities, with added propositions as to agency and parties defendant. In prior mandamus cases against common carriers the functions sought to be enforced were obviously within the corporate powers of the carriers.
Eehearing denied.