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STATEN ISLAND RAPID TRANSIT RY. CO. v. PUBLIC SERVICE COM'N

16 F.2d 313 (1926)

STATEN ISLAND RAPID TRANSIT RY. CO. v. PUBLIC SERVICE COMMISSION OF STATE OF NEW YORK et al. and three other cases.

District Court, S. D. New York.

September 9, 1926.

Attorney(s) appearing for the Case

Frederick H. Wood, of New York City, for Staten Island Rapid Transit Ry. Co.

Charles E. Hotchkiss and H. C. McCollom, both of New York City, for New York Dock Ry.

Parker & Aaron, of New York City, for Degnon Terminal R. R. Corporation.

Henry B. Closson, of New York City, for Brooklyn Eastern District Terminal.

Charles G. Blakeslee, of Binghamton, N. Y., and Edward G. Degnon, for Public Service Commission.

Robert P. Beyer, of New York City, for Attorney General of New York.

Before HAND, Circuit Judge, and KNOX and THACHER, District Judges, sitting under the authority of section 266 of the Judicial Code.

HAND, Circuit Judge (after stating the facts as above).

We do not find it necessary to consider many of the questions raised by the parties in these cases. We shall assume for argument that, so far as concerns the Fourteenth Amendment, section 53-a is valid, not only because it does not take the plaintiffs' property without due process of law, but also because the selection for regulation of railroads alone has a reasonable basis. Possibly it would have been necessary...

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