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OREGON R.R. & N. CO. v. FAIRCHILD ET AL.

No. 118.

224 U.S. 510 (1912)

32 S.Ct. 535

56 L.Ed. 863

STATE OF WASHINGTON EX REL. OREGON RAILROAD AND NAVIGATION COMPANY v. FAIRCHILD ET AL., STATE RAILROAD COMMISSIONERS.

Supreme Court of United States.

Decided April 29, 1912.

Attorney(s) appearing for the Case

Mr. Maxwell Evarts, with whom Mr. Zera Snow and Mr. W.W. Cotton were on the brief, for plaintiff in error.

Mr. W.V. Tanner, Attorney General of the State of Washington, with whom Mr. Walter P. Bell and Mr. S.H. Kelleran were on the brief, for defendants in error.

MR. JUSTICE LAMAR, after making the foregoing statement, delivered the opinion of the court.

1. The Commission's order requiring the Oregon Company to make track connection was not a mere administrative regulation, but it was a taking of property, since it compelled the defendant to expend money and prevented it from using for other purposes, the land on which the tracks were to be laid. Its validity could not be sustained...

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