Texas Reports Volume 109

Texas Reports Volume 109

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...of the company's property, the property of such a company is likewise taken every time the company is made to connect its line with the storehouse or residence of a local subscriber as the means of affording him similar service. It is not a taking of property. It is merely a reasonable regulation of the company's service for the public convenience which the State may prescribe in the exercise of its police power, and to which the company as a common carrier is properly subject. I The regulation does not differ in principle, manner or degree from those requirements found in the statutes of every State which compel the' physical connection of different railway lines at junction points, and their-acceptance, interchangeably, of traffic from each other. Every argument that can he made against the validity of this Act and the order of the council made in pursuance of it, could with equal force be made against those statutes. They equally require the larger lines of railway to physically connect with smaller lines and thus afford their service to the public at points not on their lines. They equally require, and in the same manner and to the same extent, the use of the property of one railway line for the benefit of original patrons of another line. Yet the validity of such statutes against the challenge here made of this Act and order is not open to question. Wisconsin, etc., Co. v. Jacobson, 79 U. S., 287; Grand Trunk Ry. Co. v. Michigan Railroad Commission, 231 U. S., 457; Railway Co. v. Railroad Commission of Texas, 99 Texas, 332, 89 S. W., 961; Jacobson v. Wisconsin, etc., By. Co., 71 Minn., 519. 40 L. R. A., 389, 70 Am. St., 358. The same reasons which sustain the constitutionality of such statutes, make valid this Act...show more

Product details

  • Paperback | 354 pages
  • 189 x 246 x 19mm | 630g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236925203
  • 9781236925206