The Washington herald., 1907-04-30
ORDERS EXTRA TRAIN
Supreme Court Fixes Seized
ule for Coast Line.
PUBLIC DEMAND GRANTED
Case Carried Up from North Carolina
Bench--AceOmmodn Necessary
10 Make Connection with Southern
Railway Train at seIma-State's
Highest Court wins a Victory.

An advanced position on the right TO
regulate schedules of railroads. so "a TO
meet the convenience OF the public, is
taken by the Supreme Court in an opinion
affirming the validity of an order issued
BY the North Carolina Corporation Com
mission, compelling the Atlantic Coast
Line to put On a train between Rocky
Mount and Selnlax, n. c.. so as TO make
connections with trains on the Southern
Railway.
The principal claim Of the company was
that the net loss entailed by it IN running
the train-si5 per day-was in violation OF
the constitutional prohibition against the
taking of property without due process Of
law; but It also claimed that it should
not be compelled to furnish facilities for
passengers on another road, especially in
view of the fact that that other road had
itself disturbed the connecting schedules
which had been in existence for years.
The controversy has been pending since
October 1903, when the Southern Railway
changed the schedule Of the Godsboro-
Raleigh train so it reached Selma, the
connecting point with the Coast Line,
half an hour earlier than the through
train on the latter road. thereby de-
stroying connections for q large territory
extending as far as Norfolk. Va. The
North Carolina Corporation Commission
took up the matter, gave numerous hear
ings to both roads, which developed the
fact that the time of the Coast Line train.
which originated in New York, could not
be accelerated without dlsarranging sched-
ules on the Pennsylvania and Richmond
Fredericksburg railroads.
Coast Line TEES Orders.
Several plans We're proposed, but finally
the commission ordered the Coast Line
TO run a train from Rock Mount to Selma.
which filed in the gap and provided the
required connections. The officials appeal
ed to the State court for protection against
the order and It was held void as ex-
ceeding the power Of the commission.
The North Carolina Supreme Court how
ever, reversed that finding on the ground
that the connection at Selma was nee
essary for the public convenience, and
that the order was not ln violation Of the
constitutional inhibition against taking
property without compensation.
Justice White takes up the contention
that the order was arbitrary and unreal
souable because it imposes upon the
Coast Line a duty foreign 10 its obliga-
ton. by compelling Il 10 furnish facilities
for other roads. That he said. was 10
say, that while. the power existed 10
regulate in the interest of the public, yet
that power did not extend 10 securing to
connections between different carriers.
THAT power" he said, "as we have
seen, takes its origin from the quasi
public nature Of the business in which
the carrier is engaged, and embraces that
business in its entirety, which Of course
includes the duty 10 require carriers 10
make reasonable connections with other
roads, SO as TO promote the convenience
Of the travelling public.
Population Demands 1t.
IN considering the facts as to the con-
nection in question, that is. the popula-
ton contained in the large territory
whose convenience was subseTved by the
! connection. and the admission of the rail-
road as to the Importance OF the connec-
/ lion, We conclude that the order in ques-
/ ton, considered from the point OF view OF
the requirements Of the public interest
was one coming clearly within the scope
Of the power TO enforce just and reason
able regulations"
AS to the claim that the order was void
because it took the company's property
without due process of law. Justice White
points out the difference between the
/ present case and prior decisions of the
D invalid Ft-
which were unremunerative, and says the
showing made by the Coast Line earn
( ings in North Carolina would not be ma
terially affected by the slight loss on the
service demanded.
/ The case has been under consideration
| by the court for d year. The court
opinion was unanimous, except that jus
tice Moody took no part in il.