Louis Brandeis

“ This right of eminent domain is exercised by proceedings in a special court which has jurisdiction to determine only the amount of the damages payable. The special court cannot pass upon the right of a plaintiff to institute the proceeding or upon any defense or other objection. Nor can any such question be raised upon an appeal from the judgment of the special court. The sole remedy of the objecting railroad is a separate proceeding to be brought in a court of equity. ”

“ Each owns and operates in intrastate and interstate commerce a railroad within that state. The latter instituted a proceeding under a state law to secure by eminent domain a connection with the former's line at a point east of the city of Jackson, called Curran's Crossing. Prior to instituting the eminent domain proceeding the Jackson & Eastern had secured from the Interstate Commerce Commission a certificate under paragraphs 18-20 of section 1, Interstate Commerce Act (Comp. St. Ann. Supp. 1923, § 8563) , authorizing the extension of its road from Sebastopol, Miss., to Jackson. ”

“ In matters relating to the construction, equipment, adaptation and use of interstate railroad lines, with the exceptions specifically set forth in paragraph 22, Congress has vested in the Commission the authority to find the facts and thereon to exercise the necessary judgment. The Commission's power under paragraph 3 of section 3 to require the establishment of connections between the main lines of carriers was asserted by it in Pittsburg & West Virginia Ry. ”