Bacon v. Rutland Railroad

Citations

• 232 U.S. 134
• 34 S. Ct. 283
• 58 L. Ed. 538
• 1914 U.S. LEXIS 1419

Syllabus

<p>Although the state statute may permit an appeal from an order of the state railroad commission to the Supreme Court of the State, if legislative powers have not been conferred upon that court, a railroad corporation is not obliged to take such an appeal in order to obtain relief from an order that violates the Federal Constitution. It may assert its rights at once in the Federal courts.</p> <p>The constitution of Vermont does not confer legislative powers on the courts of that State, and the appeal given by §§ 4599 and 4600, Pub. Stat. of 1909, from orders of the state railroad commission to the Supreme Court is a purely judicial remedy.</p> <p>Prehtis v. Atlantic Coast Line, 211 U. S. 210, distinguished, as the Supreme Court of Virginia possesses legislative powers enabling it not only to review the state railroad commission but to substitute such order as in its opinion the commission should have made.</p>