1926-1 - 5 IT (rIrrk�
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:)eetion 6707 (giving; the 001,:11euion powore to require necessary
fnoilities) rend oetion 6716 (dulot'attinz; to Lhu Coj.jniosion power
to promulgate RACC aid Regulationa) - -- it iu Lice o,)inioa of this
City Council, ao advised by it;: Attorney and others, theso aforaeaid
"ectione of the General Lai: cuthori ao and em )owor the Railroad
Commission to enforce reasonable rules requiring Railroads, ouch
as the F.P.C. IV. at ,;outli '.lanai, to establish and maintain depot
facilities and aeeomodationo such an aro, in the language of the
Supreme Courtin Louisville & N.n, Co. versus Itnilroad Com'rs. -
63 12a. 491 - 58 So. 543 -- "reasonably adequate and suitable
for the safety, comfort, and convenience of all who have a right to
use them "; and that the arbitrary action of the F.L.C. rq. in
closing this :3tat4ion, 1.1ay 3rd, 1931, without Notice or Bearing,,
was a violation of a.duty owed by this carrier to this community=
AND YfiWMAS - It appears to the City Council of South Miami, that
the particular service rendered by the F.F_c. itr. to this community
is a duty necessary to the Uublio and the maintainance and continua-
tion of such adequate depot faoilities as in times past has been
available to merchants and shippers at this place, is a performance
of carrier duty essential to the adequate rendering of a general
public service by the F.$.0 -FW, as a oonnon carrier --- and that,
the fact that the performance of their particular duty by the FOR,
C.W. has been, or at present season happens to be, or is or may be
hereafter claimed to be, unremunerative, has been in such like
cases heretofore held by our Supreme Court, to be no etouse for
non - performance though the particular service, vitally necessary
to the publio,must be rendered at a temporary loses
Ai1D `rI PMAS - In the opinion of the City Council of South Miami
the rules and regulations made by the Pailroad CoruAssion are
applicable by law, and require, or should require, only the prima
facies of reasonableness impressed by the Statutes, under such rules
as call for prior Notice and subsequent '`ublic Nearing, so that
pro,)er action and decision thereafter can be governed by testimony
and evidence oubmi tted at a '?ublic Roaring where all interested
partieo have an opportunity to be heard, with admissions and proofs
clear and convincing, so that the nature and extent of the faellit-