Law of Interstate Commerce; Especially as Applied to the "Act to Regulate Commerce" - Approved February 4, 1887 (Paperback)

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. 1887 edition. Excerpt: ...be for the comfort or convenience of passengers. "The enlargement in some reasonable way (whether by platform or by waiting-room accommodation) of a space suflicient for the proper reception of ordinary passenger traflic, and some proper provision for the delivery of cattle from the company's wagons, without those risks which seem now to attend their passage through the station yard, are things which approach more nearly to my conception of facilities which the commissioners, in the due exercise of their jurisdiction, might hold to be necessary and required by the Act. I am by no means prepared to say that there is no form of mandatory injunction which they can properly issue for these purposes. It does not, however, follow that they can order a certain number of waiting-rooms to be provided, or dictate their classification, position, or dimensions, or enjoin the company to make cattle-pens upon a particular piece of ground now used for other purposes. It may well be, that by the execution of such works as these, or some of them, the obligation imposed upon the company by the statute might be fulfilled, nor should I be disposed to impute any excess of their jurisdiction to the commissioners, if they were merely to indicate, for the consideration of the company, these or any other convenient means by which, in their opinion, that obligation may be fulfilled. But between any such reasonable suggestions, and a peremptory order for the execution of these particular works, there is a wide difference. I can find no warrant in the statute for the assumption by the commissioners of a general control in matters of this kind over the discretion of the company as to the best means (when there is a' choice of means), of fulfilling their...