Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1907-05-02
THE SELMA CONNECTION
The Question Involved is Not
One Of Rate Regu-
latiOD.
A Railroad Operating in the State
May be Compelled to Adjust Its
Schedules 10 Connect With
Other Lines for Cen
yCniGnce Of The
Travelling
Public.

Washington, d. c. April 29-The
Supreme Court of the United States
decided the Selma connection case to-
day in favor of North Carolina, us
tanning the order of the Corporation
Commission, requiring the Atlantic
Coast Line to put into operation a
special train from Rocky Mount in
order to make connection with the
Southern at Selma for the accommoda-
ton Of the travelling public.
The case, which was one of the hard
est ever fought, not only in the State
courts. but also before the Supreme
Court of the United States, has been
pending before hat tribunal since
March, 1905.
The Court of the United States today
decided in effect that the railroad com
m1ssioners OF the State of North Caro-
lima can compel a railroad company
operating in that State to so adjust its
schedule as to accommodate passengers
on other ines from any particular part
of the State. The opinion was deliver
ed by Justice White in the case OF the
Atlantic Coast Line Railroad Company
vs.. the Corporation Commission OF
North Carolina. The case rose u Of an
order issued by the commissioners
directing the railroad company to make
connection at Selma, \. c., at 2:25 p.
M. with a train on another line run
ming from the eastern part Of the State
Ill 49, l.oa+ - - - ,,n
sengers whose destination was Raleigh.
The railroad company resisted the or
der on the ground that it could not be
complied with without putting on 6
special train, which would involve eH-
ira expense. This, it was contended
amounted to taking property withou'
due process of law. The commission
justified its course on the ground tina
compliance with the order was neces,
sary to accommodate alarge part of tht
public. The Supreme Court OF Nortl
Carolina held against the railroad com.
pany, and its decision was affirmed by
today's action of the Supreme Court o
the United States on the ground tina
the order of the commission does no
affect rates, but is a proper act of Stat
regulation.
RATE QUESTION o INVOLVED.
Justice White Discussed at lengt]
I the contention of the railroad compan.
that the case involved rates in an,
: way and said:
S "This case does not involve enforce
ment by a State of a general scheme c
: maximum rates, but only whether a
exercise Of State authority to compel
carrier to perform a particular an
specified duty is so inherently unjus
e deprivation of property without du
process OF law Or a denial of the equs
protection of the laws. In a case in
volving the validity of an order enforo
O ing a scheme of maximum rate
of course the finding thai the enforce
ment of such scheme will not produc
an adequate return for the operation c
the railroad in and of itself, demon
strates the unreasonableness of the OF
8 der. Such, however, is not the cas-
when the question is as to the validit
O of an order to do a particular act, tn
doing of which does not involve tn
question of the prcfitableness Of til
operation of the railroad as an en-
tirety."