State ex rel. La Follette v. Chicago M. & St. P. Ry. Co.

Citations

• 16 S.D. 517
• 94 N.W. 406
• 1903 S.D. LEXIS 116

Syllabus

<p>1. Laws 1897, p. 275, c. 110, § 16, makes it the duty of the Railroad Commissioners, on complaint being made to them, to forward the petition of the complainant to the common carrier, who shall be called upon to satisfy the same or to answer within a reasonable time, specified by the commissioners. Section 17 provides for an investigation after notice as provided by section 16, and a report containing the findings and orders made in the premises. Held that, as a basis for action, the commissioners must call upon the railroads complained against to satisfy the complaint or answer within a specified time; it is not enough that they furnish them copies of the complaints.</p> <p>2. A proceeding before the Board of Railroad Commissioners to compel intersecting railroads to make transfer connections being purely statutory, the commissioners, in an action to enforce the order made by them, must allege in their complaint the performance of every material condition precedent in the proceeding had before them.</p> <p>3. An order made by the Railroad Commissioners unde)1 Laws 1897, p. 287, c. 110, § 39, providing for the compulsory connection of tracks by intersecting railroads when ordered by the Railroad Commissioners, which did not specify the cost, character, and location of the track to be constructed, or the length, angles, or course thereof, or the proportionate cost to be borne by each company, but merely ordered the railroads to “so unite and connect their tracks” at a certain city, as to permit the transfer of cars from one road to the other, was too indefinite to be enforced by mandamus.</p>