The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1907-01-14
ATTORNEY GENERAL ELLIS
SAYS Atlantic Coast Line IS Not Doing
Its Duty by the Public, and the
Supreme Court Summons 1t to Elk
plain its Derelictions

Tallahassee. Fla, Jan. 13.-AttOrney
General William II. Ellis flied petit
ton in the supreme court Friday asking
that a writ OF mandamus be issued
against the Atlantic Coast Line to force
the road 10 put its roadbed. tracks and
equipment in reasonable repair and to
perform the duties required Of a COM
mon carrier.
An alternate writ Of mandamus was
granted and Jan. 2s was fixed for a
hearing for the Coast Line to show
cause why il should not comply with
the orders Of the court in accordance
with the obligations Of the petition.
The enumeration Of charges against
the Coast Line is extremely severe,
and il is the OutgrOwth Of a great mass
Of complaints that have been filed with
the railroad commission in the last
three months.
The attorney general cites that the
various lines comprising the Atlantic
Coast Line were built under and by
virtue Of a charter granted by the
state Of Florida and that these lines
were granted in total upwards Of g.,
0O0, 900 acres Of land to encourage and
assist in their construction. and ii IS
obligated 10 maintain and operate the
lines as a common carrier, 10 accept
receiN, transport and deliver with rea-
sonable safety and dispatch all freight
ana 10 furnish ample facilities for the
same in the manner required.
Failure of Public Duty Charged
III .,t.,r,.,- ey..,,.a.yal .,,-.y, tbat the
railroad company has failed and is
now failing in the performance OF its
public duty TO the wrongs, injury and
great inconvenience Of the public; that
il is failing 10 supply and furnish fiat
and box cars in sufficient numbers to
load the freight offered for transpor
tation although IL has been repeatedly
urged to do 50 by divers persons own
ing and being Interested ~ and having
large quantities of freight TO be trans
ported and that such failure has result
ed in and is resulting in great pecu
MARY loss and damage to the owners
Of such freight and property and great
injuries To the industries of the cOun-
try and to the wrong and injustice Of
the public generally; that ii has failed
and is failing TO carry with reasonable
dispatch and safety the freights which
have been received by it for transpor-
tation, and that such failure has re-
suited i'm great pecuniary loss and
damage to the owners Of such freights;
that ii has failed and is failing to de-
liver at proper destination and with
reasonable dispatch freights which
have been received and accepted by it
for transportation and has been and is
now evading and Sinking the duties it
owes to the state and the general pub
lie, is subjecting the public to great in
convenience and annoyance, is injuring
and destroying the industries Of the
country and is defeating the purposes
and objects of its own creation.
careIessness and Neglect Charged
1T is further charged. that it has
carlessly and negligently and in vio-
latiOn OF its duty to the state and pub
lie failed and is failing to keep its
roadbed and track in good repair and
that the track in its present condition
is a danger and a menace to the lives
and limbs of passengers: that the rails
are light and insufficient in weight and
the crOss-tie under the rails are rot
ten and wholly incapable of supporting
the rails with the weight of an empty
car. and at divers places for great dis
tances the iron spikes which are driv-
en- into the cross-ties to support the
rails can be lifted from the crOss-ties
with the naked hands; that many of
the angle bars and plates on the main
line and bolts used i'm the same are
broken and that on account of the I'M
safe, dangerous and bad condition Of
the track numerous casualties have
recently occurred resulting in the de-
struction of human life and great
waste and damage to property"
The charges enumerate an INSULT
cheney OF motive power incapable and
neglig mt employees. and other failures