The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-28
VITALITY AFFECTS
STATES INTEREST
Corporation Commissions
Value Threatened.
TO ADVANCE APPEAL
Mr.. R. H. Battle in Washington 10 Ask
Supreme Court 10 Give Speedy
Hearing to Decree Seeking 10
Inyalidate as UnConslitutiOn-
al important Orders.
al lmporia Mt Orders.

of Franklin Mcneil ct ais. VS.. the
yesterday he made a motion before
Washington on Saturday night where
the Supreme Court of the United
States to advance the cause for argu-
ment, on the ground that it is matter
of vital interest to the State as affect
ing materially the powers and duties
of an important branch of it's govern
ment, the Corporation Commission.
The case, which is now before the
Supreme Court on appeal of the State
from a decision of District Judge r. r.
Purnell, arose originally out of the
matter of the Greensboro Ice and
Coal Company VS. the Southern Rail-
way by reason of the refusal of the
latter to place cars of coal consigned
for such company on side track pro-
vided for the purpose.
In refusing to place the coal the
railroad took the ground that certain
demurrage charges claimed by it as
due on previous shipments had not
been paid by the Ice and Coal Com
pany and, although such charges We're
the subject of dispute and litigation
made their payment a condition pre-
cedent to the placing of the cars upon
the side track
pany appealed to the Corporation
Commission, which granted an order
directing the railway to place the cars
from which order the road appealed.
While the appeal was pending in the
Superior Court, however, the railway
brought i'm the Federal Court a petit
ton for an injunction to restrain the
Corporation Commission from suing
for any penalty under the powers
~ - Exy ~ 70
force obedience to its order.
After hearing Judge Purnell grant
ed the injunction prayed and the
Corporation Commission appealed, the
railroad then abandoning it's appeal
to the Superior Court from the order
Of the commission.
In its petition in the Federal Court
the railway attacked the constitution
atty of the Corporation Commission
act generally and, specifically, attack
ed the two sections thereof on which
the Commission had proceeded in
making its order as to the placing of
cars, these sections giving the Cor
poratiOn Commission power under
certain conditions to require roads
to place side tracks and to provide
suitable facilities for loading and UNI
loading cars for shippers. These
sections. the railway claims, are in so
far as they relate to Interstate ship
ments, in violation of Section of Arti-
Gle | of the Constitution of the United
States relating to regulation of inter
State commerce by Congress. In
this view, Judge Purnell concurred by
his opinion from which the appeal is
taken.
Stated simply the result of the
opinion of Judge Purnell is to say
that, when a car is to be loaded for
a point outside of North Carolina, or
when car shipped from outside of
the State into North Carolina is to
be unloaded. such cars come under
the provision of the United States
Constitution as to Interstate com
merce and the Corporation Commits
sion has no power to make any order
or requirement as to their placing or
handling by the railroad company
Since practically every shipper in
the State whose business is large
enough to justify a side-track for his
needs is to this extent engaged in
Interstate Commerce, the great inn
pOrtance of the case to the State will
be perceived. since if the ruling Of
the District Court is to stand, ship
pers, so far as obtaining necessary
conVenienceS are concerned, will be
entirely at the mercy of the railroads,
4
ton Commission or otherwise for
needless delays and determinations
Motion to Advance.
In part the motion of the State,
which is represented by the Attorney
General and by Mr. f. j. Justice. of
Greensboro, as we'll as by Mr. Battle,
is as follows:
''The North Carolina Corporation
Commission ordered the Southern
Railway Company, in October, 1903,
to place four cars of coal consigned
to the Greensboro Ice and Coal Com
pany at Greensboro N. c., which
were held ou the, yards of the Sonth-
ern Railway Company The Southern
Railway Company rendered the cars
upon one sidetrack, but refused to
place them upon the particular private
side-track designated by the North
Carolina Corporation Commission.
''Under the act creating the North
Carolina Corporation Commission, it
is given no authority TO enforce its
orders except by suits for penalties
against those who refuse to obey it.
The Southern Railway Company
brought this suit in equity in the
Circuit Court of the United States in
the Eastern District of North Caro-
lima against the North Carolina Cor
poration Commission and the indi-
viduals who are the members of it.
to enjoin the bringing of alleged
threatened suits to enforce penalties
against the Southern Railway Com
pany for its refusal to obey the order
of the Commission with respect to
placing the said four cars of coal, al
leging, among other things. that the
order to place the carloads of coal
was an interference with Interstate
commerce and in violation of the pro-
visions of the Constitution of the
United States. A final decree was
signed in this suit enjoining the
North Carolina Corporation Commits
sion and the members thereof from
bringing any action TO collect any
penalty against the Southern Railway
Company alleged to have been in
Cured by reason of its failure to obey
the order with respect to the four cars
of coal; the language of said decree
being in part as follows:
Judge PurnelIs Decree.