McWhorter v. Pensacola & Atlantic Railroad

Citations

• 24 Fla. 417

Syllabus

<p>1. The rule which forbids suit against officers of a State because in effect a suit agaiust the State seems to apply only where the interest of the State is through some contract, or some property right, of hers, or where her interest is in a suit in her own name brought or threatened by her officers to enforce some alleged claim of hers.</p> <p>2. Railroad Commissioners being authorized by statute to make reasonable rules and regulations for all railroads in the State, as to charges for transportation of passengers and freights, and to furnish each company with a schedule of charges made for its observance, and having fixed certain rates for one of the companies, which it deems not reasonable and just, said company filed a bill against the Commissioners to enjoin them from promulgating said rates, or any other rates substantially the same : Held, That this is not in effect a suit against the State ; but the statute having prescribed a penalty for violation of the rates fixed, and authorized the Commissioners to institute action in the name of the State to recover the penalty, in so far as the bill seeks to enjoin them from doing this, it is in effect a suit against the State.</p> <p>3. Where the law invests an officer with discretion in the performance of an act, the courts will not interfere with or control his action by injunction. If injustice is done by his action, some other remedy m ist bo sought. The statute gives these Commissioners discretion in making rates for railroads, and they are entitled to the benefit of this rule.</p> <p>4. Whether rates made by the Commissioners are reasonable and just or not. even if subject to judicial control, is not open to enquiry in a suit to enjoin their discretionary action.</p> <p>5. A statute conferring on a Commission authority to regulate the charg js of railroads for transportation of passengers and freights, is not a delegation of legislative power forbidden by the Constitution of this f tate.</p>