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Decided April 29, 1907.
ary, 1904, some three or four months subse- | Argued February 28 and March 1, 1906. quent to the time of which the record discloses that he had notice of these witnesses." [198 Mo. 70, 95 S. W. 250.]
The decision of the supreme court that defendant had been tried in accordance with the procedure provided by the statutes of Missouri is not open to revision here in the circumstances.
We have not been astute to apply to these motions the rigor of our rules, and have explored the record with care; but have not found therein any denial of fundaniental rights, of due process of law, or of the equal protection of the laws. The Federal questions asserted in the brief or suggested by the record are wholly inadequate to justify our interference.
Writ of error dismissed.
IN ERROR to the Supreme Court of the
State of North Carolina to review a judgment which, reversing a judgment of the Superior Court of Wake County, in that state, sustained an order of the state corporation commission requiring the Atlantic Coast Line Railroad Company to restore a connection at Selma with a train of the Southern Railway Company. Affirmed.
See same case below, 137 N. C. 1, 49 S. E. 191.
The facts are stated in the opinion. Messrs. John G. Johnson, Warren G. Elliott, and Frank P. Prichard for plaintiff in
Messrs. Robert D. Gilmer and F. A. Woodard for defendant in error.
Mr. Justice White delivered the opinion of the court:
Did the order of the North Carolina Corporation Commission, the enforcement of
NORTH CAROLINA CORPORATION COM- which was directed by the court below, in
Error to state court-questions reviewable. 1. Whether an order of the North Carolina Corporation Commission regulating the train service of connecting carriers was arbitrary and unreasonable, as being beyond the scope of the authority delegated to the commission by the state laws, is a local, and not a Federal, question, and cannot be reviewed on writ of error to a state court. Carriers-state regulation-train service of connecting carriers.
2. The power of the state to regulate railroads extends to securing to the public reasonable facilities for making connections between different carriers.
Constitutional law-due process of lawequal protection of the laws-state regulation of connecting carriers.
3. An order of the North Carolina Corporation Commission requiring the Atlantic Coast Line Railroad Company to restore the connection at Selma with a train of the Southern Railway Company which afforded the principal means of travel between the eastern and western parts of the state is not so arbitrary and unreasonable as to amount to a denial of due process of law, or to a deprivation of the equal protection of the laws, if other connections are inadequate for the public convenience, although compliance with the order may necessitate operating an extra train at a loss, or extending, with like result, the run of a local train, so long as the income of the railroad company, from its business in the state, affords adequate remuneration after allowing for any possible loss resulting from operating either
of such trains.
vade constitutional rights of the Atlantic Coast Line Railroad Company, hereafter spoken of as the Coast Line, is the question which arises on this record for decision. A sketch showing the situation of the railway tracks at and relating to the place with which the controversy is con cerned was annexed by the court below to its opinion, and that sketch is reproduced to aid in clearness of statement. [See next page.]
For years prior to October, 1903, the Coast Line operated daily an interstate train from Richmond, Virginia, through This train,
North Carolina to Florida. known as No. 39, moved over the main track from Richmond to Wilson, North Carolina, thence by the track designated as the cutoff via Selma and Fayetteville to Florida. The train (No. 39) was scheduled to reach Selma at 2:50 in the afternoon and to leave at 2:55. The Southern Railway owned or controlled a road in North Carolina which crossed the Coast Line main track at Goldsboro and the cut-off track at Selma. On this road there was operated daily a train from Goldsboro via Raleigh to Greensboro, North Carolina, at which point connection was made with the main track of This Southern train, the Southern road. known as No. 135, left Goldsboro at 2: 05 in the afternoon and Selma at 3 o'clock. Thus at Selma it connected with No. 39 of the Coast Line. The Coast Line also operated in North Carolina the branch lines shown on the sketch, which radiated easterly, and served a considerable area of territory. These branches connected with the
A complaint having been lodged with the corporation commission because of the inconvenience to the public thereby occasioned, both the Southern and Coast Line were notified that a hearing would be had concerning the subject on the 29th. On that day the railways, through their officials, appeared. The Southern represented that its change in time was because it was absolutely dangerous to operate its
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 with a Coast Line road running from Pinner's Point, near Norfolk, Virginia. Over this road also the Coast Line operated a train, which left Pinner's Point in the morning and connected with the Coast Line train No. 39 at Rocky Mount. The departure of the train in question from Pinner's Point was so arranged as to enable boats timed to arrive at Norfolk during the night 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 Coast Line train No. 39 and the Southern earlier hour, thus enabling its time to Selma to be advanced. The commission train would be broken. The North Caro- continued the subject for further consideralina Corporation Commission, by letter, on tion. On November 9 the superintendent of the 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 12thly, 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 stated that the schedule of train No. 39 from Richmond to Selma was already so fast that it was very difficult to make the connection at Selma, and that it would be impossible to advance the time of arrival at Selma as requested. It was besides represented that to do so would require a breaking of the connection made with the Norfolk train at Rocky Mount, and would disarrange the running time of the train south of Selma, and disturb connections which that train made with other roads south of that point. However, it was pointed out that as train No. 39 did not originate at Richmond, but was a through train, made up at New York, carried from thence to Washington by the Pennsylvania, and from Washington to Richmond by the Richmond, Fredericksburg, & Potomac, that negotiations would be put on foot with those roads with an endeavor to secure an acceleration of the time of the departure of the train from New York and Washington, so as thereby to enable an earlier departure from Richmond. On the 11th of October the
and telegram of November 14, the Coast Line informed the corporation commission that it regretted it could make no change in its schedule of train No. 39 because the Pennsylvania railroad had definitely expressed its inability to make any change in the hour of departure of the train from New York, as to do so would be incompatible with the duties which the Pennsylvania railroad owed to the public, to other roads, and to its contracts concerning the transportation of the mail and express matter. Thereupon the corporation commission entered the following order:
ing public requires that close connection be "Whereas, the convenience of the travelmade between the passenger trains on the Atlantic Coast Line Railroad and the Southern Railway at Selma daily in the afternoon of each day;
"And whereas, it appears that such close connection is practicable:
"It is ordered that the Atlantic Coast Line Railroad arrange its schedule so that the train will arive at Selma at 2:25 P. M. each day instead of 2:50 P. M., as 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 route for the Southern Railway, and are delayed, notice shall be given to the Southern Railway, and that the Southern Railway shall wait fifteen minutes for such delayed trains upon receipt of such notice. "This order shall take effect December 20, 1903."
The Southern, on receipt of the order, expressed its intention to comply. The Coast Line addressed to the commission a letter protesting against the order, and requesting its withdrawal, and asking for a further hearing. The letter making this request reviewed the previous correspondence. It pointed out that the connection at Selma had been a very old one and that its breaking was solely caused by the act of the Southern in changing the time of its train. It declared that the Coast Line at once, on hearing of the intention of the Southern to make the change, urgently requested that road not to do so. On this subject the letter said:
"On October 6th, I further advised the Southern Railway that if their train was scheduled to leave Selma at 2:25 P. M. this would break the connection with our No. 39, and stated to them that the connection was a most important one, being the principal outlet for passengers en route from eastern Carolina to Raleigh and other points on their line, and that we hoped that they could see their way clear not to disturb the connection, as it was impossible for us to get No. 39 to Selma at an earlier hour than the present schedule, owing to the inability of northern connections to deliver the train to us at Richmond any sooner."
Proceeding to point out the failure of the negotiations with the Pennsylvania, and recapitulating the previous statements concerning the rapidity of the schedule of No. 39 between Richmond and Selma, the exacting nature of its work and connections, the absolute impossibility of making it faster was insisted upon. Indeed, there was annexed to the letter a report of the time of No. 39 at Selma for a period of nearly five months, showing that the train had rarely made its connection at Selma.
The commission, after a hearing afforded officials of the Coast Line, suspended its prior order and fixed a day for a rehearing of the whole subject, both roads being notified to that effect. Upon the new hearing the matter was taken under advisement. On January 16 the commission stated the facts and its conclusions deduced therefrom. As to the operation of the two trains, their connection at Selma, the importance of this connection to the public, and the breaking
the facts found were identical with those above previously recited. In addition it was found that the Coast Line train No. 39 from Richmond to Selma was not only a through train, but also operated as a local train between Richmond and Selma, making all local stops, and daily handling, in consequence, one or two extra express cars. It was found in accordance with the official time sheets of the running of the train that it had arrived at Selma on schedule time only twice between August 1, 1903, and January 11, 1904. Considering the branch lines as marked on the sketch, and the trains operated thereon and connecting with the main track at Rocky Mount, it was found:
a. That a train was operated from Plymouth to Rocky Mount, which left in the morning at 7:30 and arrived at Rocky Mount at 10:35, where it remained until 3:55 in the afternoon, when it returned to Plymouth.
b. That the road also operated a train from Spring Hope on the westerly side of the main track to Rocky Mount, leaving Spring Hope at 11:20 in the morning, arriving at Rocky Mount at 12:10 in the afternoon, and leaving there at 4, arriving at Spring Hope at 4:45. The commission concluded as follows:
"Assuming that the statements made by the Atlantic Coast Line Railroad Company are true, that it was, for the past five months, impossible for them to bring No. 39 to Selma by schedule time, to wit, 2:50 P. M., more than twice, and that this train was more than ten minutes late every day except twenty-four, we must conclude that it is impracticable to require them to make a faster schedule and place this train at Selma at 2:25 P. M. instead of 2:50 P. M.; and therefore this much of the former order is revoked and annulled; but the commission is of the opinion that it is practicable, and that the convenience of the traveling public requires, that the Atlantic Coast Line Railroad Company furnish transportation for passengers from Rocky Mount to Selma after 12:50 P. M. and by or before 2:25 P. M. each day; that this can be done by extending the run of the Plymouth train to Selma instead of having it lie over at Rocky Mount as now, or by extending the run of the Spring Hope train to Selma instead of having it lie over at Rocky Mount as now. The distance from Plymouth to Rocky Mount is 69 miles, and from Spring Hope to Rocky Mount is 19 miles, and from Rocky Mount to Selma 42 miles; or by providing a separate train 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.
"It is further ordered that the Southern Railway hold its train No. 135 at Selma fifteen minutes if, for any reason, the Atlantic Coast Line train connecting at that point is delayed.
"It is further ordered that this order take effect on and after the 26th day of January, 1904."
2. The trains from Norfolk and Richmond make close connection at Goldsboro and Selma with the night train on the Southern for Raleigh and all points west. makes close connection at Kinston with the 3. The train from Weldon to Kinston Atlantic & North Carolina train for Goldsboro, which train in turn makes close connection with the Southern at Goldsboro at 9:40 P. M. for Raleigh and all points west.
After a new hearing at which further testimony was taken, the corporation commission in substance adhered to its former view and reiterated its previous ruling. In its findings of fact it pointed out the importance of the connection at Selma, the admissions to that effect made by the railroad and the fact that that connection 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-run of either of the local trains from Rocky ed the impossibility of making the connec- Mount 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 1. 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 points for operation on the main track, the speed west. at which the train would be obliged to travel, and the congested condition of the business on the main track during the hours when the train from either of the branch roads would be obliged to use the main track for the purpose of making the connection. The second exception denied the possibility of making the connection by a special train from Rocky Mount to Selma within the time indicated, and besides asserted that such a train could not be operated without an actual loss. The power of the commission to compel the performance of "services without compensation to the company" was denied, and it was alleged that a taking of property without due process of law, in violation of the state Constitution and the 14th Amendment to the Constitution of the United States would result from enforcing the order. The third exception denied the power of the commission, under the state law, to order the company to put on an extra train between Rocky Mount and Selma, and the fourth in effect reiterated the same ground. The fifth exception challenged the validity of the order as unreasonable, unjust, and arbitrary, and beyond the power of the commission to render, because ample and sufficient accommodations for passengers desiring to connect at Selma with the Southern road were afforded by the Coast Line, entirely irrespective of the connection which had formerly existed between train No. 39 of the Coast Line and train No. 135 of the Southern. The trains thus relied upon as
4. The train No. 39, from Washington to Jacksonville, is due at Selma at 2:50 P. M. and the accommodation train No. 183, on points west, is scheduled to leave Selma at the Southern, from Selma to Raleigh and all
3:25 P. M.
5. Train No. -, from Jacksonville to Washington, is due to arrive at Selma at 2:10 o'clock, and makes close connection there with the Southern, which leaves Selma at 2:25 P. M. for Raleigh and all points west.
6. Two trains leave Wilmington for the north, the first at 9:30 A. M., No. 48, and the other, No. 42, at 6:50 P. M. Both of
these trains make close connections at Golds
boro with the Southern trains for Raleigh and all points west.
7. No. 34, leaving Smithfield at 7:00 A. M., makes close connection at Selma with the Southern going west for Raleigh and all points beyond, and the same train makes close connection at Weldon with the Seaboard train for Raleigh, and for Seaboard points south and west.
8. No. 102 leaves Goldsboro for Norfolk at
7:30 A. M., and makes close connection at Hobgood with No. 58, the train from Kinston to Weldon, and there with the Seaboard for Raleigh and points west.