Gulf, Colorado & Santa Fe Ry. Co. v. Texas,
246 U.S. 58 (1918)

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U.S. Supreme Court

Gulf, Colorado & Santa Fe Ry. Co. v. Texas, 246 U.S. 58 (1918)

Gulf, Colorado & Santa Fe Railway Company v. Texas

No. 158

Argued January 25, 1918

Decided March 4, 1918

246 U.S. 58


An order of a state commission requiring the stopping of certain interstate trains for reception and discharge of passengers at a county seat of only 1,500 population upheld in view of a statute, not directed adversely at interstate trains, but specifying the train service to be supplied to all county seats and evidencing a legislative estimate (not here confuted) of county seat needs.

Serious doubt is expressed as to whether the order could be sustained from the standpoint of the local requirements of the population merely, viz, as meeting a need for sleeping car service and as an accommodation to passengers using the trains in question to reach the city.

The need of making fast time in competition with other railroads and in carrying the mail held not in this case to render the order unduly burdensome to interstate commerce, it appearing that the required stops would consume but a few minutes each, that stops are made voluntarily at all other county seats and some smaller places, and that there is a detour in the routing.

Power in a state commission to order stops by interstate trains, not resulting in direct burden on interstate commerce, in pursuance of a statute not aimed at such trains but specifying train service

Page 246 U. S. 59

required at county seats, may coexist with the duty imposed on carriers respecting regulations for transportation facilities by the Hepburn Act of June 29, 1906, c. 3591, § 1, 34 Stat. 584, and the Act of June 18, 1910, c. 309, § 7, 36 Stat. 546, and the jurisdiction of the Interstate Commerce Commission over such matters, if the order is not in conflict with regulations of the latter Commission.

A railroad company which does not avail itself of an opportunity given by the state law to test the validity of an order of a state commission in the state or federal court cannot be relieved from a cumulation of penalties due to its violations of the order while awaiting proceedings by the state.

169 S.W 385 affirmed.

The case is stated in the opinion.

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