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ST. LOUIS & c. R. CO. v. PUBLIC COMM'N.

No. 568.

279 U.S. 560 (1929)

ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY v. ALABAMA PUBLIC SERVICE COMMISSION ET AL.

Supreme Court of United States.

Decided May 20, 1929.

Attorney(s) appearing for the Case

Mr. Forney Johnston, with whom Messrs. E.T. Miller, E.H. Cabaniss, and W.R.C. Cocke were on the brief, for appellant.

Mr. J.Q. Smith, Special Assistant Attorney General of Alabama, with whom Mr. Charlie C. McCall, Attorney General, was on the brief, for appellees.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

Section 9713 of the Code of Alabama (1923) prohibits a railroad from abandoning "any portion of its service to the public . . . unless and until, there shall first have been obtained from the [Public Service] Commission a permit allowing such abandonment." Very severe penalties, including punishment of officers, agents and employees, are prescribed in case the abandonment is willful. §§ 9730, 9731...

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