The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-04-16
THE DEPOT AT SLIGHS.
Supreme Court Sustains Decision of
The Railroad Commission.

Columbia, April l3.-The Colum-
bia, Newberry and Laurens Railroad,
in demurring to the petition OF the
railroad commission Of South Caro-
lima in writ Of mandamus to compel
the road to erect additional tracks
at Slighs, characterized the statute
under which the commission acts as
null and void and Of no effect, .
upon the grounds that the statute IS
unconstitutional, and in violation OF
the Constitution in that cit attempts
to take the whole and entire manage
men Of the railroads Of this State
out of the hands of their owners and
place it in the hands of the railroad
commission" but the Supreme Court
in an opinion handed down to-day by
c.. A. Woods, A. J., overruled the de-
murrer and ordered that the defend
ant have twenty days from the fling
Of the decree to answer the petition.
In the meantime the improvements
at Slighs have been made, in fact,
as stated by members of the commls-
sion this morning, more than was
asked by the commission. This case
is an especially interesting one
touching an apparent conflict be-
tween the Constitution and the stat
ute which created the railroad COM
mission.
The facts in the case are: The
railroad commissioners by their petl-
ton ask the Supreme Court to en-
force mandamus, an order issued
by them as railroad commissioners
requiring that the Columbia Newberry
and Laurens Railroad Company
should provide additional sidetrack
at Slighs and build better depot at
this point. A full rehearing was
granted in the matter and the COM
mission decided that the order should
remain in force. The railroad COM
pany demurred to the petition on the
grounds:
''That the said statute creating the
commission violates and is repugnant
to the 18th amendment of the Constr
tuition of the United States, Section
l, Article l, Section Of the Consti-
tuition Of the State Of South Caro-
lima, in that 1t deprives your respon-
dent of its liberty and property with
out due process Of law, in that the
statute makes no provisions for no
tice to the railroads Of the hearing
before the railroad commissioners,
from which the said orders Of the
commissioners are to result, and in
no way require. that an opportunity
to be heard be given the railroads be-
fore or after the passage Of said Or
ders.
''That the said statute violates and
is repugnant to the aforesaid Sec
tions Of the Constitution of the Unit
ed States and of this State, in that
they attempt to take the whole and
entire management of the railroads
of this State from the hands Of their
owners and putting it In the hands
of the board Of railroad commission
ers, thus placing upon your respond
ent and other railroads Of this State
burdens beyond the duties they owe
the public and depriving your re-
spondent of its liberty and property
without due process Of law
The Supreme Court, after explain
ing all the statutes and constitutional
sections touching this matter, says
that the railroad commissioners are
under two laws, namely: The statute
laws of the State, which eonfers upon
them certain powers over railroads,
and the constitutional law Of the
State and the United States, which
requires that they shall exercise the
power, conferred by statute only by
due process of law that.is after giving
the railroad company due notice and
opportunity to be heard. "a statute
is invalid which requires something
to be done which IS forbidden by the
Constitution, but it cannot be essen
tial to the validity of statute that
it shall enjoin obedience to the Con
stitution.''
The Supreme Courts opinion de-
eideS:
1.-The great weight of authority is
to the effect that, while notice Of 4
special burden or duty, which board
such as this purposes to impose, must
be extended an opportunity to be
heard On the rightfulness of the exc