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RAILROAD COMM. v. EASTERN TEX. R.R.

Nos. 145 and 146.

264 U.S. 79 (1924)

44 S.Ct. 247

68 L.Ed. 569

RAILROAD COMMISSION OF TEXAS ET AL. v. EASTERN TEXAS RAILROAD COMPANY ET AL. STATE OF TEXAS v. EASTERN TEXAS RAILROAD COMPANY ET AL.

Supreme Court of United States.

Decided February 18, 1924.

Attorney(s) appearing for the Case

Mr. W.A. Keeling, Attorney General of the State of Texas, with whom Mr. Walace Hawkins and Mr. Frank Kemp, Assistant Attorneys General, were on the brief, for appellants.

Mr. Jno. R. Turney, with whom Mr. Daniel Upthegrove, Mr. E.B. Perkins, Mr. E.J. Mantooth and Mr. W.B. Hamilton were on the briefs, for appellees.

MR. JUSTICE VAN DEVANTER delivered the opinion of the Court.

These two suits involve the right of the Eastern Texas Railroad Company, a Texas corporation having a railroad in that State, to dismantle and abandon its road. One was brought by the company to prevent threatened interference by the State's officers; the other by the State to prevent intended dismantling and abandonment by the company. The former was begun in the District Court; the latter was removed into...

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