Louis Brandeis

“ For whether certain trackage is a 'spur' is a mixed question of fact and law left by Congress to the decision of a court; not to the final determination of either the federal or a state commission.
This suit is not one brought to set aside for error or irregularity an order of the Commission on a matter within its juri diction. In such a proceeding the United States is the only party named as defendant; others interested become parties by intervention. ”

“ There are practically no shipments in the opposite direction; the few supplies for the mine being sent up in the empty coal cars when ordered.
The District Court concluded that the Talbot branch was constructed and has been maintained for the purpose of serving a single industry; that practically no other industry is served; that this trackage does not invade new territory; that its continued operation or abandonment is of local and not of national concern; that it is therefore a 'spur'; and hence, that the order of the Interstate Commerce Commission was in excess of its jurisdiction. ”

“ The owners agreed to furnish the right of way and to pay part of the cost of construction; and they agreed also that the railroad might tear up the tracks on their failure to supply for transportation a minimum specified tonnage. For a period of four years after construction no rail transportation was maintained, because of litigation involving the mines. ”