The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-04-25
COMMISSION
SUSTAINED BY
SUPREMECOURT
ROAD WILL NOW HAVE TO MAKE
REPAIRS TO STATION AT DE-
FUNIAK - RAILROAD REFUSED
TO OBEY ORDER OF COMMITS
SION.
Special to The Journal.

Tallahassee, April 24.-The supreme
court today fled it's opinion in the
case of the Louisville & Nashville Rail-
road Company VS.. the Railroad Com
missioners, appealed from Walton
county, which opinion affirmed the de-
cision of the lower court. This case is
of unusual Importance In that 1t goes
further in establishing the authority
of the railroad commissioners In the
exercise of the power conferred upon
them in the regulation Of common car
riers of Florida. This is a case where
by the railroad commissioners entered
their order against the Louisville e
Nashville Railroad Company directing
them to enlarge their waiting rooms at
DeFuniak Springs, to provide a bag
gage room and toilet facilities, and to
enlarge the passenger platform and
build umbrella sheds by extending
them $50 feet each way from the CEN
ter Of the baggage room, and also di-
fecting them to discontinue the use Of
kerosene lamps for lighting at said
depot, and to install electric lights In
stead. This order was entered after
due Investigation on the grounds and
the taking OF testimony by the COM
missioners at which time both the rail
road company and the citizens of De-
E'uniak Springs were fully heard.
The railroad company declined to
obey this order and applied to Judge
Wolfe OF the first judicial circuit, for a
temporary restraining order and an In
Junction restraining the cornmi ssioners
from enforcing their said order on the
grounds that said order is unreason-
able. Judge Wolfe declined to issue the
Injunction, whereupon the railroad
company appealed to the supreme
court. The court in it's opinion uses
the following language:
The question presented is where
the allegation OF the bill of complaint
states any equity to warrant the grant
ing of an injunction as prayed for.
The demurrer to the bill of complaint
raises the question OF the adequacy OF
the remedy at law and of the absence
OF allegations of grounds for equitable
relief. so the propriety of the forum
IS not acquiesced in by the defendants.
Where the railroad commissioners
exceed or abuse the authority and dis
cretion conferred upon them by max
ing an order that illegally invades
property of railroad company, the
illegality of the order is available as
the defense In proceeding at law to
compel the company to obey the in
valid order, or In an action for a statu-
tory penalty for violation of the or
der. therefore, the remedy at law is
adequate, and an Injunction will not
grounds for equitably relief
1T clearly appears by the bill OF
complaint that the remedy at law ia
adequate and there are no allegations
showing any grounds for equitable re-
lief. 1t does not appear that the en-
forcement of the order Will cause q
multiplicity of suits, or cast q cloud
upon titles to real estate. If the order
is Illegal, and the burden imposed by l.
is irremediable. the illegality of the
order Is available as the defense to an
action for the enforcement of the or
der, or for a penalty for a violation
of 1t. Therefore, the remedy at Law
is adequate, and an injunction Is not
the proper remedy. Allegations that an
order of the railroad commissioners is
exceptional, unreasonable and imposes
an unjust tax on the resources of the
complainant railroad company, in that
II requires the company at a great ex
pense to increase and improve its de-
pot facilities, and by charging its
waiting rooms, baggage rooms and
sheds, and by reconstructing it's toilet
rooms. and substituting electric lights
for kerosene lamps, when the company
deems it's present facilities are ade-
quate. does not make a case for in
junction.
valid orders of the railroad COM
mission should be obeyed and If for
any reason an order is supposed to be
invalid, the carrier should apply to the
railroad commission for modification
OF IL before resorting to the courts.
This should be done rather than to