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The "Commoner.
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Volume ,7, dumber i
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AN IMPORTANT FLORIDA DECISION
Florida 1ms suffered greatly during ilio post
year for the lack of cars to movo lier products.
Conditions grow so serious that Florida snippers
moved for relief. As a result W. 11. Ellis, attor
ney general, Instituted In tlio supreme court of
the state, mandamus proceedings against the At
lantic coast lino railroad company. Ex-Governor
Jennings of Florida, who directs attention
to these proceedings, writes: "Tho attorney gen
eral alleged that r,s a matter of law, in subBtancu,
the duty of a common carrier under a state fran
chise Is to receive and transport without delay,
and in a safe and convenient manner, all pas
sengers and all freight properly offered to it for
carrlago under ordinary conditions. This matter
was presented to the court during tho early part
df January, and the alternative writ of mandaihuu ,
issued, to which tho railroad company. Hied a mo
tion to quash, which was heard by tho court dur-,
Ing January. Tho decision was handed down ro
contly by Justtco. Whitfield, and the enclosed is
a copy of oxtracts from such opinion. This opin
ion sustains tho position of the attorney. general in .
his petition for mandamus, and perhaps goes
further In establishing, tho duties of a common
carrier than any decision that has been rendered'
In tho United States. It is deemed of very great
importance to tho country, and as well founded In
law. Tho question of amendment suggested by
the court lias "been conformed to by tho attorney
general. The seventh paragraph re-states the
fundamental principle!? of law when It holds that
a common carrier is required to receive and trans
port all passengers and freight offered to It for
carriage,. Tho eighth requires that tho company
, must provide and maintain safo and efficient
roadbed, track, motive power, equipment, facili
ties and operation sufficient to meet the reason
able demands of, the service it undertakes to ren
der, so as to best servo the requirements of tho
public,4 and it is stated in tho ninth that when a
corporation Is clothed with tho rights, powers and
franchises of a common carrier, it becomes, tn
law, subject to governmental regulation And 'su
pervision, and assumes tho burden of providing
all proper means, etc., to handle all freight" andf '
passengers in a safe and efficient manner; while
in the eleventh, H; holds that tho- powers enumer
ated are inheranj Jmt reserved in tno state for
the necessity protection arid benefit of tho lives
.-.aua-pL-oporty within its territory. This opinion
will, I believe, bo of especial interest to the couu
try, of great service, and while fundamental in
principle, it is one of two or three decisions that
seem to have boon found so far in the United
States that have brushed aside the accumulated de
cisions on collateral questions, usually called 'con
stitutional questions,' and "depriving corporations
of their property without due process of law," if
any regulation is attdmpted by tho judiciary de
partment of a state. This decision holds that tho
public Js entitled to efficient roadbed, rails, equip
ment, motive power and operation to handle all the
freight and all the passenger traffic offered,
whother stockholders or bondholders receive any
dividends or returns whatsoever."
Tho opinion rendered by Justico Whitfield is
so interesting that it is here given in full. It Js
as follows:
1 The service rendered by a common car
rier directly and vitally affects tho public. To
have such service properly rendered is a bene
ficial right which the public are entitled to enjoy
If tne service is not properly rendered it causes'
loss and inconvenience to tho public and perhaps
endangers the lives and property of all those to
whom It is extended; therefore, It is a fundamental
duty of the state to rigidly require a proper ren
dering of tills usuful public service.
2 Tho allegations of tho alternative writ
state a most flagrant disrogard and violation of
rtho duty which tho respondent owes to tho nubile
by allowing Its roadbed and track to most un
reasonably becomo and remain in a condition nal
pably unsafe and unsuitable for tho service the
respondent has undertaken to render to tho nub.
He, and by falling to furnish adequate motive
power, cars and other facilities, and-to transport
and deliver with reasonable safety and dispatch
freights accepted by it for transportation. Such
gross neglect of duty is an abuse of tho rights
and privileges received from tho state and exor
cised by the railroad in its undertaking by per
mission of tho state to render tho service of
common carrier, and tho state has a clear rlcht
to correct such abuse and to enforce the per
formance of an adequate and proper service
8 The writ of mandamus may be granted to
enforce the performance of a duty to the public
imposed by law upon a coinmo carrier railroad
corporation, whether such duty b6 prescribed by
slatuto or charter in express terms or is raised
by implication of law from tho nature of tho ser
vice, authorized by law to bo performed and which
is being performed by such corporation.
4 Micro are certain duties to the public
which a railway corporation assumes in consldera-.
tjon of tho franchises it receives from tho stato
and because of the service it engages to render
to tho public as a common carrier.
5. In order to legally and properly render
tho service incumbent upon a public common car
rier, It is essential that It shall have .and exor
cise certain rights, powers, franchises and priv
ileges not possessed by individuals but which
can be conferred by y, These rights, powers,
franchises and privileges whoh granted and ac
cepted or exercised, by implication of law Impose
upon tho common carrier obligations and duties
commensurate with tho character and extent of
tho grants of power to It and the purpose for
which they word made. V
fl When a state confers upon a railroad cor
poration tho rights of a common carrier, tho law
imposes upon sucli .corporation the duty of provid
ing all facilities and of operating them so as to
adequately meet all reasonable requirements of
tho service it engages to render. This duty is im
plied by law In conferring the franchises' and priv
ileges of a common carrier or in permitting tholr
use, whether tho provisions of tho grants 'be man
datory or merely permissive; and the acceptance
or exerciso of the rights carries with it the duty
of properly rendering tho public service under
taken by "virtue of the rights conferred or per
mitted to bo exercised.
7 The law imposes upon a common carrier
railroad Corporation the duty to receive and trans
port in a reasonably prompt, safo and convenient:
nianner,. and without unjust discrimination, all
passeiiger.8 and freight properly offered to it for
carriage.
8 In order to render to the public an ade
quate service a railroad company must provide
CJ'd maintain safe and efficient roadbed, track,
motive power, equipment facilities and operation
sufficient to meet the reasonable demands' of the
service It undertakes to render so as to best serve
tho reasonable requirements of the public.
0 When a corporation is clothed with tho
rights, ppwers and franchises of a common car-?
rior It becomes in law subject to governmental
regulation and supervision; and it assumes tho
burden of providing all proper means, appliances
and facilities for rendering the public service that
it has been assigned to do and that it has. under
taken to do, and of maintaining and operating all
the property devoted to such use, in a safe, con
venient and efficient condition, adequate .to meet
all reasonable requirements of tho public service.
10 Where a railroad corporation undertakes
to render,- to the public the service of a common
carrier, it is in law primarily and essentially
charged with the duty and burden of providing
reasonably adequate and proper roadbed, track,
motive power, equipment and facilities for the
service required, and of- maintaining and operat
ing its property so as to render" to the public with
out unjust discrimination a reasonably safe and
.adequate service.
11 The power and duty of a state to require
tho property, of a common carrier corporation de
voted to the public service within its borders to
bo maintained in a reasonably safe and adequate
condition, and to be properly operated for render
ing the public service to which tho property Is
devoted by its corporate owner, are inherent and
reserved in the state for tha-necessary protection
and benefit of the lives and property within its
territory.
12 Whether or not the property devoted by
a common carrier railroad corporation to the pub
lic service which it is authorized to perform, s
adequate, and is being operated in a -reasonably
safo and convenient manner for the proper render
ing of such public service, may be determined by
tho courts when the question Is duly presented
by the. stato through its proper official represent
ative; and in determining' .the question, any legal
method of ascertaining the material and essential
facts may be adopted which is best suited to the
case.
13 In determining whether the roadbed,
track, rolling stock and other equipment of a
common carrier railroad corporation is reasonably
sufficient, arid is being maintained and operated
in a reasonably safo and adequate condition, and
is being managed for the proper rendering of the
public service that the corporation Jias undertaken
to perform, the Conditions under" which the service
is being rendered, the- character and elxtent of
the service, its reasonable requirements, and thi
means, facilities and methods best suited to such
service In common use, will be considered: by the
court, together with any other-material and perti
nent matters available.
Id While the management of a common car
rier railroad corporation is entitled' to ; exercise a
reasonable and bona fide discretion in providing
and operating the property used in the discharge
of its duty to tho public, yet such discretion must
bo confined to legal purposes and to the public
'good; and when the discretion is so exercised that
It results In an abuse of the public service th
corporation is permitted to render, by the need"
less jeopardy of life or, property, because of the
lack of adequate facilities and because of the
failure to keep its roadbed,-track, rolling s.tock
and other equipment Jn-reasonably safe and ade
quate repair and condition, and by constant and
long continued failure to promptly, safely and ad-
. equately perform the duties of a .common car
rier, the courts may interfere by mandamus at
the instance of the attorney general to enforce
tho rendering of the public service in. a reasonably
safe, prompt and adequate manner, when the alle
gations of the writ are sufficiently specific hind
there is no other adequate remedy afforded bv
law.
15-The duty of providing a reasonably safo '
and sufficient roadbed, track, equipment and facil
ities, and of operating the property in a proper
condition ,f or rendering safe, prompt and adequate
service, and of actually rendering to the public
such service without unjust discrimination, being
.required for tlio public good and contemplated by
law, and imposed upon a common, carrier railroad
corporation in permitting it to exercise the frah-.
.chises and privileges of a common carrier, may be
enforced by mandamus in a proper case upon the
relation of the attorney general when no other
adequate remedy is provided by law
. 10 The failure of a railroad corporation to -maintain
its roadbed and track in a reasonably""
v yu,jilt wuuiuuu uuu to lurnisn smn.
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cioiit motive power and cars. and to Pi2S,r--''B
,a.n abuse Of the, rights and priv.Ue" children, and
tin state and exercised by tJeffort to sqcuro
.undertaking by permission of tiie&nUaye been
the service of a common carrier,, and thotywsitffc
has a clear right to correct such abuse and to '-Ok
enforce the performance of an adequate and- ;
proper service. ';
. 17 While a discretion is allowed a common- fe
Carrier corporation in the means and manner of iha' '-'&
discharge of the duties it owes to the public, sucli '&,;
discretion must be exercised in good faith and with. '-;
reasonable regard for the" requirements of the pub- ' :-$,
lie service. When all the nccGssnrv fnniHttoa m.. V 3.
furnished and operated so as to reasonably meet',
the just requirements of the public service tho
law in that regard is satisfied.
18 The mandatory part of a writ of man
damus should conform to the allegations of the
writ and it should ;not in general require more to
be done than Is justified by the allegations -of the
writ. . Where the mandatory part of the wirit
taken with its allegations, is not so definite and
specific that its performance can be readily en
forced by the court, a peremptory writ will not
be issued. --
- 19 When It is sought by mandamus to coin
pel a railroad company to do any act in rela
tlon to the equipment and operation of its road
the courts, as a general rule, will hot interfere
except .where the act .sought to 'be enforced" is
specific," ' -
20 If a railroad company which has under
taken the duty of a common carrier wholly fails
In the performance of its duty to ine public or
permits its. roadbed and track to become and' re
main unfit for use, or fails to furnish sufficient
motive power and cars to meet the requirements
of tho public service, or fails to transport and
deliver with reasonable safety and dispatch traffic
offered to it, the writ of mandamus may be Issued
to-compel the proper performance of such dutv
in cases sufficiently specific for tire application of
the writ, when there is no other adequate remedv
given by law. -
21-r-The roadbed and track of a-railroad have
the elements of stability, and it can be readUv
ascertained when they are put in the condition
required by specific allegations and commands in
-mandamus proceedings. But in the nature of
things there can be no. fixed standard for-the
, number of engines and cars that will be sufficient
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