James Clark McReynolds

“ 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. ”

“ 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 is plainly erroneous because the evidence is insufficient to support it ”

“ Wisconsin, M. & P. R. Co. v. Jacobson, 179 U.S. 287, 295, 296, 45 L. ed. 194, 198, 199, 21 Sup. Ct. Rep. 115; Washington ex rel. Oregon R. & Nav. Co. v. Fairchild, 224 U.S. 510, 56 L. ed. 863, 32 Sup. Ct. Rep. 535; Great Northern R. Co. ”