The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-12

APPEALED AT ONCE
Judge Brown Holds that Corporation
Commission Has Not Power TO
Require a RaiIroad to 0per-
ate Additional Train to
Connect With An
other Line.


handed down his judgment in the
Selma connection case, and it is in
| favor of the Atlantic Coast Line. re-
versing the order of the Corporation
Commission and taxing the State with
| the costs.
An appeal was of course at once
taken to the Supreme court no bond
| being required. 1t will take about
| two weeks now at the least to prepare
! the case on appeal. Everything will
be done to expedite matters, so that
| the court can hear the case before
| the adjournment of this term.
1t will be remembered that the YER
| dict of the jury, returned q week ago
last Saturday, found that it was rea-
sonable and proper for the Corpora
ton Commission to order the Atlantic
Coast Line to run an extra train from
Rocky Mount to Selma to connect
with the west-bound afternoon train
on the Southern leaving Selma at 2:25;
that such train would cost $40 day,
and the revenue therefrom would be
$25 a day.
Judge Brown holds that the right
given by the Code to the railroad COM
panies ito regulate the time and
manner in which passengers and
property shall be transported" has
not been repealed by any subsequent
act, and that the Corporation Com
mission has not the power to require
one railroad company to operate an
additional train to make n close con-
nection with train of another COM
pany, however convenient such con-
nection may be. t.t
The text of Judge Browns opinion
follows;
Wake County-Superior Court.
April Term, 1904.
The jury having responded to the
several issues, the cause came on to
be heard upon the motions of plaintiff
and defendant for judgment upon the
issues. In addition to the facts found
by the jury in response to the issues
submitted, certain facts were admit
ted. IA a.
The Schedules of tfe-defendant com
pany and of the Southern Railway
Company and Seaboard Air Line were
admitted in evidence and also as es-
tablished facts in the cause for the
purpose of showing the various routes
and railroad connections from eastern
North Carolina to Raleigh and points
west. and also for the purpose OF
showing the established connections
between trains on defendants road
ard the Southern Railway at Colds
boro and Selma, whereby passengers
leaving Rocky Mount and other points
on defendants line can so west.
The city of Goldsboro is on South
ern Railway, 20 miles east of Selma,
and according to these schedules there
are three passenger trains daily from
Rocky Mount to Goldsboro on de-
PENDANTS road, two of which, when on
time, make close connection with
Southern Railway trains going west,
one in early morning and one at 9:4O
at night. It is admitted by these
schedules that defendant company
runs four passenger trains daily each
way between Rocky Mount and
Selma on it's main line and that one
of these trains is scheduled to leave
Rocky Mount about $40 y. III. and
to arrive at Selma about $50 .. m,
about one hour before Southern Kali
way train is scheduled to leave for
points west.
With the exception that the after
noon connection between defendants
train 80 and the train No. 1876 of
Southern Railway at Selma does not
now exist, it is admitted that in all
other respects defendant furnishes
ample facilities for transportation of
passengers on it's lines. The after
noon connection at Z:oO y. m between
defendants train 80 and Southern rail-
wav train 1876 existed for past10 years.
1t is admitted that No. 80 is a through
train from Richmond to points in
Florida and is dependent on Northern
connections at Richmond, which fire.
quently delay departure OF 50 from
Richmond, whereby No. 80 in past
twelve months has failed very fire.
ouentIv 10 arrive at Selma in time to
connect with NO. 1875. 1t appears from
the findings of the Corporation Com
mission that presumably under Sec
ton 2l OF the Act creating the Com
mission) the Commissioners investi-
gated that connection and found as
fact that it is not practicable Tor de-
PENDANT company 20 lilfoill 'a an ma
connection with existing train 80, as it
is ca frequently behind schedule. The
Southern Railway Company changed