State line

“ I. No line should be allowed to land on the shores of the United States under the concession from another power which does not admit the right of any other line or lines, formed in the United States, to land and freely connect with and operate through its land lines. ”

“ A railroad company builds its road into a county, finds the county-seat already established and inhabited, the largest and most prosperous town in the county, and along the line of its road for many miles. ”

“ At such meeting the board must assess the franchise, roadway, roadbed, rails, and rolling stock of all railroads operated in more than one county. Assessment must be made to the corporation, person, or association of persons owning the same, and must be made upon the entire railway within the state, and must include the right of way, bridges, culverts, wharves, and moles upon which the track is laid, and all steamers which are engaged in transporting passengers, freights, and passenger and freight cars across waters which divide the road. ”

“ No city, town, or village street, county or State highway or other public way shall be opened into or connected with any such limited access facility without the consent and previous approval of the highway authority in the State, county, city, town, or village having jurisdiction over such limited access facility. ”

“ ARTICLE 94 If the Commonwealth takes over the operation of railroads which serve as means of general public communication in any district, additional railroads to serve as means of general public communication within this district may only be built by the Commonwealth or with its consent. If new construction or the alteration of existing national railroad systems encroaches upon the sphere of authority of the State police, the national railroad administration, before its decision, shall grant a hearing to the State authorities. ”

“ Railways organized or doing business in the state are required by the constitution to have a public office where books for public inspection are kept, showing the amount of stock, its owners, and the amount of the road’s liabilities and assets. ”

“ All railroads shall be public highways, and all railroad, transportation and express companies shall be common carriers, and subject to legislative control, and the legislature shall have power to regulate and control by law, the rates of charges for the transportation of passengers and freight by such companies or other common carriers, from one point to another in the State. ”

“ Never in the history of railroad legislation have our transportation systems run counter to a campaign so comprehensive, wide-spread, and disturbing as the general trend of ‘regulation’ in almost every State Legislature in session during 1907. ”

“ The findings next set forth an amendment to the railroad charter, approved February 24, 1869, by the tenth section of which authority was given to 'any village, city, county, or township organized under the township organization law, or any other law of the state, along or near the route of the railway * * * or anywise interested therein,' to subscribe to the stock of the railroad company, or make donations to it to aid in the construction and equipment of its road, provided such subscription or donation was sanctioned by an election of the people. ”

“ The authority of the state highway department varies in the several states, but in general the departments serve in the dual capacity of general advisers to the county and township authorities on road matters and as the executive authority responsible for the construction of those highways that are built entirely or in part from state or federal funds. ”

“ But the question remains as to the power of the Commission to authorize operation in an entire state where only a few points in that state had been served.
'Territory' is not a word of art. The characteristics of the transportation service involved as well as the geographical area serviced are relevant to the territorial scope of the operations which may be authorized under the 'grandfather clause'. ”

“ If the railroad is partly within and partly without the state, the whole number of miles within and of those without the state, including all its branches. (3) 'Its railroad track in each county in this state through which it runs, giving the whole number of miles of road in the county, including the track and its branches, and side and second tracks, switches and turnouts therein ”

“ If it be too great for the county, application is made to the General Assembly, who authorize individuals to build it, and to take a fixed toll from all passengers, or give sanction to such other proposition as to them appears reasonable. ”

“ Congress granted to the Territory of Minnesota, by the act of the 3d of March, 1857, for the purpose of aiding in the construction of certain railroads, every alternate section, designated by odd numbers, for six sections in width, on each side of the respective railroads therein mentioned, and their branches, and the respondents claim title to the premises described in the pleadings under that act of Congress, as the grantees of the State. ”

“ To the United States Government must be left the winding up of the affairs of the railroads, and all other paper-represented property, as it is obvious that she can do it much better than the many States of which the country is composed; and the before mentioned excess shall then be turned over to the different counties where the railroads are located, each county to receive in proportion to the value of the railroad property within her limits, and not according to the number of miles. ”

“ As soon as the course of a line is fixed, accurate surveys are made by the assistant engineers, copies of which are placed, according to Act of Parliament, with the various clerks of the peace of the counties, through which the line is to pass, with the Commissioners of Railways and others, besides which there has to be prepared for each parish its proportion, and for each landholder a section showing the greatest depth of cutting or embankment in any of his fields. ”

“ Wherever a separation in fact exists between transportation service wholly within the state and that between the states, a like separation may be recognized between the control of the state and that of the nation. ”

“ When the general government desires to transact business within a State, it necessarily makes use of the highways and modes of transit provided under the laws of the State, in the absence of those of its own creation. ”

“ And in this area, I think, transportation and the activities of transportation organizations have been one of those which they have observed and which has created perhaps as much controversy and concern as any other area of the State and Federal operations.' Hearings before the Committee on Interior and Insular Affairs, United States Senate, 91st Cong., 1st Sess., on S. 1075, S. 237, and S. 1752, p. 76. ”

“ That the public convenience and necessity require the extensions of lines that may be necessary to reach and serve and union passenger station within the plaza which may be constructed in accordance with a lawful order of the State Commission and that may be necessary to provide for the incidental rearrangement of passenger and freight routes, and that the expense involved will not impair the carriers' ability to perform their duties to the public. ”

“ The route of your improvement is directly on the line that would be most desirable for a railroad to pass from St. Louis, or the confluence of the Mississippi and Missouri rivers, through the center of the wealth and enterprise of the Mississippi valley to the Atlantic. With a map of the Union before you, it will be found to be impossible to draw a line upon it that would accommodate so large an amount of population, or an equal extent of fertile country. ”

“ An action against a railroad company, or an owner of a line of mail stages, or other coaches, for an injury to person or property upon the road or line, or upon a liability as a carrier, may be brought in any county, through or into which the road or line passes. ”

“ In other words, the principal thing is not that a railroad shall be partially completed from one end of the county to the other, but that a railroad shall be so completed within and substantially through the county that a train of cars passes over it. ”

“ Surplus land of the railways, in particular where adjoining to stations, would be available for other Government purposes, such as Inland Revenue Offices, Labour Exchanges, Military, Naval or Civil Service purposes, Police Stations, Fire Stations, County Courts, Police Courts, Land Courts, as well as Courts for dealing with questions arising out of the railways themselves. ”

“ The authority of a Line Commission on any one of the great railway systems extends to the smaller, or secondary, lines situate within the same territory; but the smaller companies may themselves claim to be represented on the Commission by a duly credited agent. ”

“ Your general allegation that the Interior Department almost invariably decided in favor of the railroads and against the settlers, I confuted by quoting the sworn testimony of the chief of the railroad division of the General Land Office, that in one year, when the rulings and principles established and sustained during my administration were in force, of the office and Department decisions in 824 cases, in 635 the land in controversy was finally awarded to the settlers, and in 189 to the railroads. ”

“ The lines of communication between distant parts of the Union are to a great extent occupied by railroads, which, in the nature of things, possess a complete monopoly, and the Department is therefore liable to heavy and unreasonable charges. ”

“ Such bodies, established to appraise land for railway purposes, to apportion receipts and expenditures of interstate traffic, and in a general way to supervise railway transportation, had been in existence in New England before 1860, one of the earliest being that of Rhode Island in 1839. In 1869 Massachusetts had instituted a commission of more modern type, which was given only powers of investigation and recommendation, the force of public opinion being relied upon to make its orders effective. ”

“ By the Louisiana statute the validity of which is here involved, all railway companies (other than street railroad companies) carrying passengers in that State are required to have separate but equal accommodations for white and colored persons
by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations. ”

“ The boundary line should now be located according to the middle of that channel as it was at the time the current ceased to flow therein as a result of the avulsion of 1876.
(4) A commission consisting of three competent persons, to be named by the court upon the suggestion of counsel, will be appointed to run, locate, and designate the boundary line between the States at the place in question in accordance with the above principles. ”

“ The Federation shall ensure that in developing and maintaining the federal railway system as well as in offering services over this system, other than local passenger services, due account is taken of the interests and especially the transportation needs of the public. ”

“ That the construction of a railroad to or through a county or incorporated town is, in the one case, a county, and in the other a corporate purpose, for which the legislature may invest such county or town respectively with the power to impose taxes ”

“ TRANSPORTATION OF THE MAILS The efficiency of the postal service depends very largely upon the means of transportation, from steamship and railway lines down to the country roads. Nothing else, perhaps, has stimulated the improvement of roads so much as the rural mail service. It is the power granted by the Constitution to Congress to establish POST- roads that enables the Federal government to aid the states in road improvement. ”

“ True, inherently considered, whether there be adequate local facilities is not a Federal question, but in so far as the existence of such adequate local facilities is involved in the determination of the Federal question of whether the order concerning an interstate train does or does not directly regulate interstate commerce, that question for such purpose is open and may be considered by us. ”