The herald and news. [volume] (Newberry S.C.) 1903-1937, 1915-04-23


opinion rendered by the attorney gen
eral. The opinion is stated in a letter
to Mr.. Shealy, OF tie commission, by
Attorney General Peoples. The fol-
lowing is the letter:
April 20, 1915.
Hon. Frank W. si:ealy, Railroad Com
missioner, Columbia, S. C.
Dear Sir: j
1 am in receipt of yours of the 31st
of March in reference to the discon-
tinuance Of Pullman service by the
Pullman company and the Southern
Railway company between Columbia
and Greenville, and you ask whether
or not the railroad commission has
jurisdiction over Pullman service rem
dered within tie borders of South
Carolina.
In reply, will say that section 3O9S
of code of 1912, volume l, provides, IN
part, as follows:
"The term railroad corporation or
railroad company contained in the
law of this State shall be taken. and
deemed to mean all corporations, COM
panies or individuals no wowning or
oneratine or which may hereafter own
and operate any railroad, in whole or
in part in this State, and tie pro-
visions of this law shall apply to all
persons, firms and companies, and to
all associations as common carriers
upon any of the lines of railroads IN
this State (street railways and ex-
press companies excepted), the same
as to railroad corporations hereinafter
mentioned"
The constitution of South Carolina,
Article TX, section 3, defined COM
mon carrier as follows:
Gail railroad, express, canal ana
other corporations engaged in trans
portation for hire, and all telegraph
and other corporations engaged in the
business of transmitting intelligence
for hire are common carriers In their
respective lines Of business, and are
subject to liabilities and taxation as
such"
The Pullman company is corpora
tion engaged in transportation for nire,
is q common carrier, and is therefore
in nv opinion, subject to the laws reg
ulating other common carriers and Is
wirsin the Jurisdiction of the railroad
commission.
Upon examination, 1 can ind no
statute requiring the railroad company
or the Pullman company to give no
tice of the discontinuance of the serV-
ice as was done in the case under con-
sideration.
am of the opinion, however, that
under the comfort and convenience
statutes. it is within the power of tie
railroad commission to order this serV-
ice resumed.
Section 3142 Of the code provides
that the commission shall have general
supervision of all railroads and rali-
wavs. and shall examine the same ana
keen themselves informed as to t-elr
condition and the manner in Whlch
thew are operated with reference 10
tne security and accommodation OF
the public.
Section 3147 of the code provides
that whenever, in tie judgment OF the
railroad commissioners, it shall appear
that any change in the mode OF oper-,
ating the road and conducting its BUS
mess. is reasonable and exped1ent IN
order to promote the security, con-
venience and accommodation Of the
public. they shall give information IN
writing to tie corporation OF the lln-
nrovements and changes which rney
adjudge to be proper, and if the COM
panv shall fail to adopt the suggeS-
ton, legal proceedings are authorize
to be instituted, for failure to ADOPT
same within sixty days. The same
statute also provides for the same
procedure in case it is the judgment
of the railroad commission that any
addition to the rolling stock be MADE
In my opinion, under the statutes
quoted. if, after full investigation ana
hearing, if it is desired, the railroad
commission reaches the conclusion
that it is reasonable and expedlent' IN
order to promote the security, con-
'venience and accommodation OF the
public, U1at this Pullman service
should be restored, and so adJudges' II
NAV issue it's order to that effect, ad-