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U.S. Supreme Court

Railroad Commission v. Southern Pacific Co., 264 U.S. 331 (1924)

Railroad Commission v. Southern Pacific Company

Nos. 283-285

Argued November 22, 1923

Decided April 7, 1924

264 U.S. 331


1. In view of the policy and provisions of the Transportation Act, establishment of a new union station for several interstate carriers, involving the abandonment of their separate stations, extensive changes and relocations of their main tracks, and very great expense, cannot be brought about by voluntary action of the carriers or order of a state commission in the absence of a certificate of the Interstate Commerce Commission, under pars. 18-21 of § 402 of the act. P. 264 U. S. 342.

2. The provisions of the Transportation Act, § 402, pars. 121, that no interstate carrier shall extend its line of railroad unless and until the Interstate Commerce Commission shall certify that public convenience requires it, and forbidding the Commission to authorize such extension unless it finds it reasonably required in the interest of public convenience or necessity or that the expense

Page 264 U. S. 332

will not impair the carrier's ability to perform its duty to the public, construed as not confined to extensions with a purpose to include new territory to be served by a carrier, but as including proposed extensions of main tracks within a city to a proposed new union station, involving changes in the intramural destinations of carriers and in the handling of interstate traffic, and necessitating great expense. P. 264 U. S. 344.

190 Cal. 214 affirmed.

Certiorari to a judgment of the Supreme Court of California annulling, upon review, an order of the state Railroad Commission which sought to require the above-named railroads to eliminate certain grade crossings and establish a new union terminal depot in the City of Los Angeles.

Page 264 U. S. 338

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