The Montgomery advertiser., 1906-11-08

all of the branch lines of the Louis. ville and Nashville Railroad CompanS mission from the development anc growth of the business along these | branch lines that reduction or pas. Consistently be ordered. The fare pre-. l vtously charged on the branches af, fected by this order was cents, ane | the reduction to cents amounts tt very substantial savings to the pat. rons of these branch lines, accordlne
 to the statements filed with the com mission.
 Commission heard and passed upor many applications for new depots, anc additions to existing depots. With 2 view to improving these facilities, and
 fence of the travelling public the Com mission has pursued the policy, wher'
 ever the facts and the law applyine of ordering the erection of new de- pots, and additions to be made to. ex- isting ones. Such orders have beer made for the following places: Showdown, on the Atlantic Coast Line Montgomery County.
 Deer Range. on the Louisville and
 Nashville Railroad, Conecuh County. i.
 Saco ,on Central of Georgia Railroad Pike County.
 Railroad, Russell County. Pine Hill, on Southern aRilway. Will. cox County.
 Piper, on Southern Railway. Blbb
 Brent. on Mobile and ohio Railroad
 Dogwood, on Southern Railway. shel. by County.
 Gurnee Junction, on Southern Rail.
 way, Shelby County.
 Trinity, on Southern Railway. Nor. gan County.
 Eidridge, on Frisco Line, Walker | County.
 Spruce Pine, on Southern Railway | Franklin County.
 Morris, on Louisville and Nashville Railroad, Jefferson County. In many instances the order in tht above cases relating to depots and ad' ditions were not made uhru after June 1 30, 1906, but each of these causes or l iginated during the year ending June | 30, 1906, and were continued from time to time until final disposition could be made of them; and we deem 1t proper therefore. that our acts in reference
 to these matters embraced in this re-
 port.
 In this connection we call attention to a decision of our Supreme Court rendered since the enactment of the
 
 the case of the Nashville, Chattanooga and St. Louis Railway Company. Vs
 The State, reported ih 1SI Alabama Report, page 439, to the effect that tho Railroad Confusion is without author ity to order the removal of a depct from one point to another. This opip' ion has given rise to some discussion
 of the Commissions authority in refer
 ence to depots: and there appears te
 be some misapprehension Tn regard tc the law upon this subject; and 1t may be well to indicate in our report the state of the law relating to this mat ter.
 ence to the erection of depots will bC found in Section 3451 of the Code oi 1896. Section 3452 of the Code pre- seribes how service of the orders oi
 the Commission in regard to depotl
 for compliance herewith. Section 345; provides the mode of enforcing the or ders made under the provisolns of Sec
 ton 3451, in the event the railroad com. pany against whom the order Is made fails to comply.
 Tn addition to the above enumerated sections of the Code, an act was adopt. ed by the General Assembly of Ala.
 bama, and approved February l5. 1897
 (aPmphlet Acts, page 950), requiring through the corporate limits of any
 incorporated town or city of more thar
 1000 inhabitants, to establish anc
 maintain a depot within such corporate
 limits,-provided that this provision
 shall not be construed to prevent the
 establishment of union depots by two
 or more railroad companies operating
 In or through any place. Section oi
 this act prescrtbes the penalty for tts violation.
 The above enumerated sections of tho Code and the act of 1S91 embrace tho statutory provisions in this State re.
 lating to the question of depots. Under the provisions of the act oi
 1897, the railroad has no election in the premises, if the town or city is incor'
 porated, and has more than 1000 in'
 habitants. In such event 1t must es-
 tablish and maintain a depot in accord ance with the provisions of this act.
 Section 3451 vests the Commission with authority to order, whenever 1T
 Its discretion 1t sees fit, the establish ment of sufficient sitting ar waiting
 rooms at each passenger station along the line of railroad, to De determined by the Commissioners, having regard to sex, and race, and providing tha such depots shall be suitably heated in cold weather, and supplied with fresh drinking water, when passenger waiting for trains arc present, anC with sufficient and comRortable chairs or seats, and connected herewith ( sufficient number of comfortable pri Yies, or water closets, to he at all times kept clean; and, in a conspicuous place at such station, bulletin board show ing the schedule time of the arrival and departure of all passenger trains; and if there is a telegraph station thereat when any passenger train is delayed, a bulletin posted in a conspicuous place at such station, showing how much the train is behind schedule time, and tc continue to post such bulletin eact hour until the train arrives. Under the provisions or Section 345l 1t will be noted that the Commission Is empowered to order passenger sta tions wherever 1t may deem that they are required, and this authority em.
 braces all places not included In the provisions of the act of 1897, as vel
 as those places Whieh are embraced It appears, therefore, that the law
 in reference to the establishment anC | maintenance of depots embraces al l contingencies except the one of order ing the removal of a depot from a poin.