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ary, 1904, some three or four months subse- | Argued February 28 and March 1, 1906. quent to the time of which the record dis
Decided April 29, 1907. closes that he had notice of these' witnesses.” [198 Mo. 70, 95 S. W. 250.] IN The decision of the supreme court that
State of North Carolina to review a defendant had been tried in accordance judgment which, reversing a judgment of with the procedure provided by the stat- the Superior Court of Wake County, in utes of Missouri is not open to revision here that state, sustained an order of the state in the circumstances.
corporation commission requiring the AtlanWe have not been astute to apply to tic Coast Line Railroad Company to restore these motions the rigor of our rules, and a connection at Selma with a train of the have explored the record with care; but Southern Railway Company. Affirmed. have not found therein any denial of fun
See same case below, 137 N. C. 1, 49 S. daniental rights, of due process of law, or of E. 191. the equal protection of the laws. The Fed.
The facts are stated in the opinion. eral questions asserted in the brief or sug
Messrs. John G. Johnson, Warren G. Elgested by the record are wholly inadequate liott, and Frank P. Prichard for plaintiff in to justify our interference. Writ of error dismissed.
Messrs. Robert D. Gilmer and F. A. Woodard for defendant in error.
Mr. Justice White delivered the opinion ATLANTIC COAST
LINE RAILROAD of the court:
Did the order of the North Carolina Cory.
poration Commission, the enforcement of NORTH CAROLINA CORPORATION COM- which was directed by the court below, inMISSION.
vade constitutional rights of the Atlantic
Coast Line Railroad Company, hereafter Error to state court-questions reviewable.
1. Whether an order of the North Caro: spoken of as the Coast Line, is the queslina Corporation Commission regulating the tion which arises on this record for deci. train service of connecting carriers was arbi- sion. A sketch showing the situation of trary and unreasonable, as being beyond the the railway tracks at and relating to the scope of the authority delegated to the com- place with which the controversy is coll mission by the state laws, is a local, and not cerned was annexed by the court below to a Federal, question, and cannot be reviewed its opinion, and that sketch is reproduced on writ of error to a state court.
to aid in clearness of statement. [See next Carriers--state regulation-train service of page.] connecting carriers.
For years prior to October, 1903, the 2. The power of the state to regulate Coast Line operated daily an interstate railroads extends to securing to the public train from Richmond, Virginia, through reasonable facilities for making connections between different carriers.
North Carolina to Florida. This train, Constitutional law-due process of law, known as No. 39, moved over the main track
equal protection of the laws-state regu- from Richmond to Wilson, North Carolina, lation of connecting carriers.
thence by the track designated as the cut3. An order of the North Carolina Cor- off via Selma and Fayetteville to Florida. poration Commission requiring the Atlantic The train (No. 39) was scheduled to reach Coast Line Railroad Company to restore the Selma at 2:50 in the afternoon and to leave connection at Selma with a train of the at 2:55. The Southern Railway owned or Southern Railway Company which afforded controlled a road in North Carolina which the principal means of travel between the crossed the Coast Line main track at eastern and western parts of the state is not Goldsboro and the cut-off track at Selma. so arbitrary and unreasonable as to amount | On this road there was operated daily a to a denial of due process of law, or to a deprivation of the equal protection of the train from Goldsboro via Raleigh to Greenslaws, if other connections are inadequate boro, North Carolina, at which point confor the public convenience, although compli- nection was made with the main track of ance with the order may necessitate operat- the Southern road. This Southern train, ing an extra train at a loss, or extending, known as No. 135, left Goldsboro at 2:05 with like result, the run of a local train, so in the afternoon and Selma at 3 o'clock. long as the income of the railroad company, Thus at Selma it connected with No. 39 of from its business in the state, affords ade- the Coast Line. The Coast Line also opquate remuneration after allowing for any erated in North Carolina the branch lines possible loss resulting from operating either shown on the sketch, which radiated easterof such trains.
ly, and served a considerable area of terri[No. 15.]
tory. These branches connected with the
main track at Rocky Mount, a station 42 change of time became operative and the miles nearer Richmond than Selma. At connection at Selma was broken. Rocky Mount there also was a connection A complaint having been lodged with with a Coast Line road running from Pin the corporation commission because of the ner's Point, near Norfolk, Virginia. Over inconvenience to the public thereby occathis road also the Coast Line operated a sioned, both the Southern and Coast Line train, which left Pinner's Point in the were notified that a hearing would be had morning and connected with the Coast Line concerning the subject on the 29th. On train No. 39 at Rocky Mount. The depar- that day the railways, through their ofture of the train in question from Pinner's ficials, appeared. The Southern representPoint was so arranged as to enable boats ed that its change in time was because it timed to arrive at Norfolk during the night was absolutely dangerous to operate its or early morning to make, by ferry to Pin train at the speed required by the previous ner's Point, a morning connection with the schedule, and, indeed, that the lengthened train. On the 3d of October, 1903, the schedule was yet faster than desired. The Southern Railway notified the North Caro- Coast Line reiterated the impossibility of lina Corporation Commission of a contem-changing the schedule of train No. 39 from plated change of schedule on its line from Richmond to Selma unless there was a Goldsboro via Raleigh to Greensboro. By change between New York and Richmond. the change, which was to go into effect on It stated that there was to be a meeting in the 11th of October, Southern train No. 135, Washington on November 6 of the repreinstead of leaving Goldsboro at 2:05, would sentatives of various roads in the South, leave at 1:35 in the afternoon, and would and that it hoped, as the result of that leave Selma at 2:25 instead of 3. As a re
meeting, to so arrange that No. 39 would sult, the connection at Selma between the be scheduled for delivery at Richmond at an
earlier hour, thus enabling its time to Coast Line train No. 39 and the Southern
Selma to be advanced. The commission train would be broken. The North Carolina Corporation Commission, by letter, on tion. On November 9 the superintendent of
continued the subject for further considerathe 6th of October, called the attention of the Coast Line advised the corporation comthe general manager of the Coast Line to mission that at the meeting in Washington the contemplated change of time by the it had been impossible to obtain an earlier Southern, and requested that line to advance departure of the train from New York and the time of No. 39 to enable that train to Washington, but that the Pennsylvania still reach Selma at 2:25, thus continuing the had the matter under consideration. Finalconnection with the Southern. On the 12th ly, in answer to urgent requests from the of October the superintendent of transpor-commission, by a letter of November 13 tation of the Coast Line answered. He and telegram of November 14, the Coast stated that the schedule of train No. 39 Line informed the corporation commission from Richmond to Selma was already so that it regretted it could make no change fast that it was very difficult to make the in its schedule of train No. 39 because the connection at Selma, and that it would be Pennsylvania railroad had definitely eximpossible to advance the time of arrival pressed its inability to make any change in at Selma as requested. It was besides rep- the hour of departure of the train from New resented that to do so would require a | York, as to do so would be incompatible breaking of the connection made with the with the duties which the Pennsylvania Norfolk train at Rocky Mount, and would railroad owed to the public, to other roads, disarrange the running time of the train and to its contracts concerning the transsouth of Selma, and disturb connections portation of the mail and express matter. which that train made with other roads Thereupon the corporation commission ensouth of that point. However, it was point
tered the following order: ed out that as train No. 39 did not originate ing public requires that close connection be
"Whereas, the convenience of the travelat Richmond, but was a through train, made made between the passenger trains on the up at New York, carried from thence to Atlantic Coast Line Railroad and the SouthWashington by the Pennsylvania, and from ern Railway at Selma daily in the afterWashington to Richmond by the Richmond, noon of each day; Fredericksburg, & Potomac, that negotia
“And whereas, it appears that such close tions would be put on foot with those roads connection is practicable: with an endeavor to secure an acceleration "It is ordered that the Atlantic Coast of the time of the departure of the train Line Railroad arrange its schedule so that from New York and Washington, so as the train will arive at Selma at 2:25 P. M. thereby to enable an earlier departure from each day instead of 2:50 P. M., as the Richmond. On the 11th of October the schedule now stands.
"It is further ordered that if the Atlan- of the connection by the change of schedule, tic Coast Line trains have passengers en the facts found were identical with those route for the Southern Railway, and are above previously recited. In addition it delayed, notice shall be given to the South-was found that the Coast Line train No. ern Railway, and that the Southern Rail- 39 from Richmond to Selma was not only a way shall wait fifteen minutes for such through train, but also operated as a local delayed trains upon receipt of such notice. train between Richmond and Selma, mak
“This order shall take effect December ing all local stops, and daily handling, in 20, 1903.”
consequence, one or two extra express cars. The Southern, on receipt of the order, It was found in accordance with the of. expressed its intention to comply. The ficial time sheets of the running of the Coast Line addressed to the commission a train that it had arrived at Selma on letter protesting against the order, and re- schedule time only twice between August questing its withdrawal, and asking for a 1, 1903, and January 11, 1904. Considering further hearing. The letter making this re- the branch lines as marked on the sketch, quest reviewed the previous correspondence. and the trains operated thereon and conIt pointed out that the connection at Selnecting with the main track at Rocky ma had been a very old one and that its Mount, it was found: breaking was solely caused by the act of the a. That a train was operated from PlySouthern in changing the time of its train. mouth to Rocky Mount, which left in the It declared that the Coast Line at once, on morning at 7:30 and arrived at Rocky hearing of the intention of the Southern to Mount at 10:35, where it remained until make the change, urgently requested that 3:55 in the afternoon, when it returned to road not to do so. On this subject the let- Plymouth. ter said:
b. That the road also operated a train “On October 6th, I further advised the from Spring Hope on the westerly side of Southern Railway that if their train was the main track to Rocky Mount, leaving scheduled to leave Selma at 2:25 P. M. this Spring Hope at 11:20 in the morning, arwould break the connection with our No. 39, riving at Rocky Mount at 12:10 in the and stated to them that the connection was afternoon, and leaving there at 4, arriving a most important one, being the principal at Spring Hope at 4:45. The commission outlet for passengers en route from eastern concluded as follows: Carolina to Raleigh and other points “Assuming that the statements made by their line, and that we hoped that they the Atlantic Coast Line Railroad Company could see their way clear not to disturb are true,-that it was, for the past five the connection, as it was impossible for us months, impossible for them to bring No. to get No. 39 to Selma at an earlier hour 39 to Selma by schedule time, to wit, 2:50 than the present schedule, owing to the in- P. M., more than twice, and that this train ability of northern connections to deliver was more than ten minutes late every day the train to us at Richmond any sooner." except twenty-four, we must
must conclude Proceeding to point out the failure of the that it is impracticable to require them to negotiations with the Pennsylvania, and make a faster schedule and place this train recapitulating the previous statements con- at Selma at 2:25 P. m. instead of 2:50 cerning the rapidity of the schedule of No. P. M.; and therefore this much of the 39 between Richmond and Selma, the exact - former order is revoked and annulled; but ing nature of its work and connections, the the commission is of the opinion that it is absolute impossibility of making it faster practicable, and that the convenience of was insisted upon. Indeed, there was an
Indeed, there was an- the traveling public requires, that the Atnexed to the letter a report of the time lantic Coast Line Railroad Company furnish of No. 39 at Selma for a period of nearly transportation for passengers from Rocky five months, showing that the train had Mount to Selma after 12:50 P. M. and by rarely made its connection at Selma. or before 2:25 P. M. each day; that this
The commission, after a hearing afford - | can be done by extending the run of the ed officials of the Coast Line, suspended its Plymouth train to Selma instead of having prior order and fixed a day for a rehearing it lie over at Rocky Mount as now, or by of the whole subject, both roads being no-extending the run of the Spring Hope train tified to that effect. Upon the new hearing to Selma instead of having it lie over at the matter was taken under advisement. | Rocky Mount as now. The distance from On January 16 the commission stated the Plymouth to Rocky Mount is 69 miles, facts and its conclusions deduced therefrom. and from Spring Hope to Rocky Mount is As to the operation of the two trains, their 19 miles, and from Rocky Mount to Selma connection at Selma, the importance of this 42 miles; or by providing a separate train connection to the public, and the breaking for the service.
“And it is therefore ordered that the At- showing a wholly adequate service for the lantic Coast Line Railroad Company furnish purposes stated were eight in number, and, transportation for passengers from Rocky as enumerated in the exception, are stated Mount to Selma after 12:50 P. M. and by or in the margin. before 2:25 P. M. each day.
After a new hearing at which further tes"It is further ordered that the Southern timony was taken, the corporation comRailway hold its train No. 135 at Selma mission in substance adhered to its former fifteen minutes if, for any reason, the At- view and reiterated its previous ruling. In lantic Coast Line train connecting at that its findings of fact it pointed out the impoint is delayed.
portance of the connection at Selma, the "It is further ordered that this order take admissions to that effect made by the effect on and after the 26th day of Janu- railroad and the fact that that connection ary, 1904."
afforded the principal means of travel beBefore the date fixed for the taking ef-tween the eastern and western parts of the fect of this order the Coast Line filed five state. The grounds relied upon in the exgrounds of exception to its validity and ception to show that an extension of the prayed another hearing. The first assert
The first assert- run of either of the local trains from Rocky ed the impossibility of making the connec- Vount to Selma, as previously ordered, was tion from Rocky Mount to Selma between impracticable, were reviewed and found to the hours fixed by the commission by an ex- be without foundation. The trains which tension of the run of either of the branch it was alleged afforded adequate means for trains referred to in the order which the connection between the western and eastern commission had rendered. The reasons principally relied upon to sustain the first ex bound, in the early morning makes a close
41. The train from Rocky Mount, southception were the inadequate character of connection at Goldsboro at 6: 50 o'clock with the motive power of the branch road trains the Southern for Raleigh and all poi for operation on the main track, the speed west. at which the train would be obliged to 2. The trains from Norfolk and Richmond travel, and the congested condition of the make close connection at Goldsboro and business on the main track during the Selma with the night train on the Southern hours when the train from either of the for Raleigh and all points west. branch roads would be obliged to use the makes close connection at Kinston with the
3. The train from Weldon to Kinston main track for the purpose of making the Atlantic & North Carolina train for Goldsconnection. The second exception denied boro, which train in turn makes close conthe possibility of making the connection by nection with the Southern at Goldsboro at a special train from Rocky Mount to Selma 9:40 P. M. for Raleigh and all points west. within the time indicated, and besides as- 4. The train No. 39, from Washington to serted that such a train could not be operat. Jacksonville, is due at Selma at 2:50 P. M. ed without an actual loss. The power of and the accommodation train No. 183, on the commission to compel the performance the Southern, from Selma to Raleigh and all of "services without compensation to the points west, is scheduled to leave Selma at
3:25 P. M. company” was denied, and it was alleged
5. Train No. from Jacksonville to that a taking of property without due proc- Washington, is due to arrive at Selma at ess of law, in violation of the state Con- 2:10 o'clock, and makes close connection stitution and the 14th Amendment to the there with the Southern, which leaves Selma Constitution of the United States would re- at 2:25 P. M. for Raleigh and all points sult from enforcing the order. The third west. exception denied the power of the com
6. Two trains leave Wilmington for the mission, under the state law, to order the north, the first at 9:30 A. M., No. 48, and company to put on an extra train between the other, No. 42, at 6:50 P. M. Both of
these trains make close connections at GoldsRocky Mount and Selma, and the fourth in boro with the Southern trains for Raleigh effect reiterated the same ground. The and all points west. fifth exception challenged the validity of 7. No. 34, leaving Smithfield at 7:00 A. M., the order as unreasonable, unjust, and ar- makes close connection at Selma with the bitrary, and beyond the power of the com- Southern going west for Raleigh and all mission to render, because ample and suf-points beyond, and the same train makes ficient accommodations for passengers de- close connection at Weldon with the Seasiring to connect at Selma with the South- board train for Raleigh, and for Sea board ern road were afforded by the Coast Line, points south and west.
8. No. 102 leaves Goldsboro for Norfolk at entirely irrespective of the connection which 7:30 A. m., and makes close connection at had formerly existed between train No. 39 Hobgood with No. 58, the train from Kinof the Coast Line and train No. 135 of the ston to Weldon, and there with the Seaboard Southern. The trains thus relied upon as for Raleigh and points west.