State ex rel. Burr v. Jacksonville Terminal Co.

Citations

• 71 Fla. 295

Syllabus

<p>1. A motion to quash an alternative writ of mandamus, like a demurrer to a declaration, admits as true all such matters of fact as are sufficiently pleaded.</p> <p>2. The description contained in an order of the Railroad Commissioners, of a tract of land upon which a Terminal Company and certain railroad corporations were required to erect a terminal passenger station, does not show the existence of a public street running through the tract by the use of the following words: bounded “on the north by a line running parallel with and two hundred feet north of the north line of Adams Street extended west from Myrtle Avenue to the aforesaid west line of the same tract.”</p> <p>3. An order made by the Railroad Commission prior to the Act of 1913, Chapter 6527, for which no power or authority existed in the Commissioners to make, is not affected by the provisions of such act declaring all presumptions to be in favor of every action of the Commissioners and all doubts as to their jurisdiction and powers to be resolved in their favor, when the latter act does not confer the power attempted to be exercised either expressly or by implication. In such case no basis exists upon which a doubt as to such power may rest and the provisions of the act therefore as to the construction of such an order do not apply.</p> <p>4. Neither Section 2893 General Statutes of Florida, 1906, as it existed before the amendment by Chapter 6527 Laws of 1913, Section 2893 Compiled Laws of Florida, nor the latter act, Chapter 6527, confers upon the Railroad Commissioners any valid power to order a local Terminal Company engaged in the business of operating a Terminal Passenger Station, to erect a “new, better and larger” one on a different site for the depot accommodations of all railroads that may enter the city where it is located; nor have the Railroad Commissioners any power whatever under said statutes to order the Railroad Corporations renting and enjoying the facilities afforded by such Ter