It is within the power of a state, acting through an
administrative hoard, to require railroad companies to make
physical track connections where public necessity exists
therefor.
In determining whether such public necessity exists, just regard
should be given, on the one side, to probably resulting advantages,
and, on the other side, to the necessary expenses to be
incurred.
A finding of public necessity for a physical track connection
cannot be supported by the mere declaration of the commission;
there must be sufficient evidence to support it.
In this case,
held that the finding of the Railroad
Commission of Georgia that public necessity existed for a physical
connection of tracks of two railroads at a point in the state was,
as held by both courts below, supported by the evidence, and the
order of the Commission
Page 240 U. S. 325
made pursuant to power conferred by § 264, Georgia Code,
was fully justified.
213 F. 27 affirmed.
The facts, which involve the validity of an order requiring
switch connections made by the Railroad Commission of Georgia, are
stated in the opinion.
Page 240 U. S. 326
MR. JUSTICE McREYNOLDS delivered the opinion of the Court.
After hearing the interested parties, the Railroad Commission of
Georgia concluded that making and maintaining physical connection
at Lawrenceville, Georgia (a manufacturing town with two thousand
inhabitants) between Lawrenceville Branch Railroad and Seaboard Air
Line Railway would be practicable and to the public interest, and
accordingly passed an order that, within four months, the roads
should provide and maintain one, together with sufficient
interchange tracks to care for traffic moving between them. No
definite point for the connection was prescribed; opinion was
expressed that expenses should be borne equally by the two
companies, and they were directed to report their action within
thirty days.
Page 240 U. S. 327
Appellant brought this proceeding in the United States District
Court Northern District of Georgia, alleging the order was null and
void and asking that its enforcement be enjoined. That court heard
additional evidence and, upon the whole record, concluded the
challenged order was not unreasonable and the Commission was fully
justified in making it. 206 F. 181. Injunction was accordingly
denied and suit dismissed, and this action was affirmed by the
circuit court of appeals. 213 F. 27.
Section 2664, Georgia Code 1910, gives the Railroad
Commission
"power and authority, when in its judgment practicable and to
the interest of the public, to order and compel the making and
operation of physical connection between lines of railroad crossing
or intersecting each other, on entering the same incorporated town
or city in this state."
Wadley Southern Ry. v. Georgia, 235 U.
S. 651.
It is within the power of a state, acting through an
administrative body, to require railroad companies to make track
connections where the established facts show public necessity
therefor, just regard being given to advantages which will probably
result on one side and necessary expenses to be incurred on the
other. The facts being established, the question then presented is
whether, as matter of law, there is sufficient evidence to support
a finding of public necessity -- the mere declaration of a
Commission is not conclusive.
Wisconsin &c. R. Co. v.
Jacobson, 179 U. S. 287,
179 U. S.
295-296;
Oregon R. & Nav. Co. v. Fairchild,
224 U. S. 510;
Great Northern Ry. v. Minnesota, 238 U.
S. 340,
238 U. S.
345.
The state commission and both courts were of opinion that the
facts sufficed to show public necessity for the connection in
question, and that it could be constructed and maintained without
unreasonable expenditure. The only substantial question before us
is whether such finding
Page 240 U. S. 328
is plainly erroneous because the evidence is insufficient to
support it, and, having examined the record, we are unable to say
the facts disclosed do not give the essential support. The judgment
of the court below is accordingly
Affirmed.
