Bacon v. Rutland R. Co., 232 U.S. 134 (1914)

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Bacon v. Rutland Railroad Company

No. 760

Argued January 9, 1914
Decided January 19, 1914
232 U.S. 134

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF VERMONT

Syllabus

Although the state statute may permit an appeal from an order of the state railroad Commission to the supreme court of the state, if legislative power have not been conferred upon that court, a railroad corporation is not obliged to take such an appeal in order to obtain relief from an order that violates the federal Constitution. It may assert its rights at once in the federal courts.

The constitution of Vermont does not confer legislative powers on the court of that state, and the appeal given by §§ 4599 and 4600, Pub.Stat. of 1909, from orders of the state railroad Commission to the supreme court is a purely judicial remedy.

Prentis v. Atlantic Coast Line, 211 U.S. 210, distinguished, as the Supreme Court of Virginia possesses legislative powers enabling it not only to review the state railroad Commission but to substitute such order as in its opinion the Commission should have made.

The facts, which involve the validity of an order concerning a passenger station made by the Public Service Commission of Vermont, are stated in the opinion.