The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1908-03-19
COAST LINE MUST COMPLY
WITH DEMAND OF ITS PATRONS
Fer SAFE AND SPEEDY
SERVICE
n1ittee Of the Ocala Board
of Trade
Ocala. Fla. March 10. 1905.

. Mf. l. |. Mufllp''. IGtSlh"llt oC;ilI
Fuird OF Trade. OcaIa. Fla:
{ Dear Sir-The plan and scope COM
mittec appointed by YOU To devise
ways and means for compelling the
Atlantic Coast Line railroad company
! 20 repair its roaibed and tracks along
its main line between Palatka and IT
Myers. and otherwise improve its
trans o.tatiun facilities, begs leave to
submit the following report:
We obtained from numerous ci;i-
ZeuS living along the line of road
petitions to W. II. Ellis, attorney gen
cral. requesting the institution of pro-
cccdiaES in the courts of this state to
compel the railroad company to per
form its duty to tn" public, in the
matter of affnrdiHg to the people adj
tuuatc transportation facilities. Those
petitions We're delivered To Mir. Ellis
at Tallahassee by Mr.. II. l.. Anderson
the attorney Employed by the board of
trade. Suit w"H prnmptly- instituted
! by the attorney general in the supreme
court Of the state of Florida against
the railroad company, upon the aSSur
, ance of your committee that the evil
/ dence would be supplied by the Ocala
Board of Trade SubStantiating the
statements contained in the petitions
| filed in the supreme court.
Your committee report that the
case was vigorously aud energetically
prosecuted by the attorney general.
and resulted in a decision Ompletely
sustaining the attorney general and
! the attorney for this board in their
/ contentious as to the law, and which,
| in the judgment Of your committee.
! has produced a most Salutary effect
upon the transportation conditions in
! this state. Although your committee
has been unable, by reason of lack of
funds. to provide the necessary evil
| dence as to the condition of the road
/ in the territory described in the writ
{ OF mandamus. the boards of trade of
other towns situated along the line Of
road having failed to contribute their
! proportion of the expense. thereby
rendering it impossible for the attor-
! ney general to obtain peremptory writ
| of mandamuS. your committee regards
! the decision Il signal victory for the
/ people. because it establishes the
principle that the state has the power
through the public writ of mandamus
To compel a common carrier to per-
to that end will require it to keep its
rOadbed and tracks in such perfect
condition as that it will. at all times
! be able to render to the people prompt
! and efficient service: and because the
, decision holds that. as to other trans
, portation facilities. such its furnishing
the necessary cars. engines. etc. the
! power rests completely with the rail
! road commissioners of F'lorid;,. who,
under that decision. have undoubted
! power to compel the railroad COM
panirS to furnish better accommodate
! tions for the shipper and traveller.
Your committee regrets that tn"
! legislature of Florida failed to make
an appropriation to enable Attorney
! General Ellis To obtain the evidence
in the case on behalf of the state. We
note that, under Chapter 1922. LIWS
of 1907, the railroad commissioners
have the power to employ an engineer
TO inspect the roadhrd and tracks of
railroads in this state, whose duty it
| is to make full report to the railroad
commissioners of his investigation.
and we respectfully recommend that
/ the railroad commissioners be re-
QucSted to instruct the said inspector
To examine the main lines Of the At
lantiC Coast Line railroad described
: in the alternative writ Immediately.
! and that the attorney general b" fur
niShcd with the inspectors report
without delay. Your COMMITTEE" fur
! Their reports that it is highly gratified
/ and pleased with the prompt. intelIi
| gent and thoroughly efficient efforts
of Attorney General Ellis. in behalf of
! the people i'm this CIse. II" has don"
: his full duty and all that COLD pos
, Silly have done IN the matter. TIL"
attached correspondence between the
attorney general and III" state board
of railroad commissioners. We "sk to
! h" included a. part of our report.
Edward Holder.
George Mackay.
Jake Brown
J. NJ Meffert
T. G ChambiSS.
Committee on Plan and Sc"l" of tn"
Ocala Board of Trade. having in
charge the mandamuS suit against
the Atlantic Coast Lire Railway.
First Letter to the Attorney General
| Ellis to the Railroad Commission
State Of Florida. Office of the Attorney
General.
Tallahassee Fla oct 31St. 1907.
Hon. +. Hudson Burr, Chairman Rail
road Commission. Tallahassee.