—not the case before us. The grievance complained of is an obvious one, but the burden of removing it can be imposed upon the defendant only by legislation. The legislature created the corporation upon the theory that its functions should be exercised for the public benefit. It may add other regulations to those now binding it, but the court can interfere only to enforce a …

—refused to grant a mandamus to compel a railroad company to construct and maintain a station and a warehouse sufficient to accommodate a town of more than a thousand inhabitants, and which supplied a large passenger and freight business to the road, although the Railroad Commission of New York had recommended such station and warehouse.

A corporation, undertaking by its acceptance of a public franchise to perform a certain service, can be by mandamus compelled to perform that service

—were decisions sustaining the power of state governments to enforce obligations arising out of the grant by the State to the railroad company of the right of existence and the franchise to operate its road, and they were decided upon the authority of a line of decisions in the state courts

—upon which counsel for appellee in this case largely rely, it was said by the Alabama Supreme Court, in Alabama, etc., R. Co.

—holding that the order was not so unjust and unreasonable as to be repugnant to the Constitution of the United States, disposed of the contention that the order was void because compliance with it would necessitate the incurring of expense, by saying (179 US 302): "Although to carry out the judgment may require the exercise by the plaintiff in error of the power of …

—the judgment of the commissioners was not binding on the railroad company in respect to certain terminal facilities ordered, and could not be enforced by mandamus.

If power were granted by the legislature, and it amounted in the particular case simply to a fair, reasonable and appropriate regulation of the business of the corporation, when considered with regard to the interests both of the company and of the public, the legislation would be valid, and would furnish, therefore, ample authority for the courts to enforce it.

The Act of March 6, 1883, was supposed to cover this point, but its provisions are somewhat indefinite and uncertain

For enforcement of the law by judicial process through the issue of the mandamus on the application of an administrative authority

[PDF] Recent Important Decisions

[CITATION] The Journal of College and University Law