70 So. 645 | Ala. | 1916
The original bill in this case sought an injunction against an order of the Railroad Commission of Alabama, docket No. 767, which required an extra train to be run each day over the complainant’s road, for local service, between Sulligent and Birmingham, in each direction, which said order bears date of January 16, 1914. The schedule prescribed in said order required a train to leave Birmingham daily at or about 12 o’clock noon, and proceed westward to Sulligent, and another train to leave Sulligent at or about 12 o’clock, noon, and proceed eastward to Birmingham, each making all intermediate stops. While the original bill was pending testing the reasonableness of this order, the respondent commission on May 5, 1914, entered another order, bearing docket No. 781, requiring the said St. Louis & San Francisco Railroad Company, and the receivers in charge thereof, to make regular stops of their trains numbered 105 and 106 at Sulligent, Carbon Hill, Cordova, and Dora, Ala., for the receipt and delivery of passengers thereon. Thereupon the complainant filed a supplemental bill seeking similar relief against the said order above numbered 781. The complainant, the St. Louis & San Francisco Railroad Company, is shown to be in the hands of receivers appointed by the federal court, and they are made parties respondent to the bill.
Upon a submission of the cause for final decree on pleadings and proof, the judge of the city court, sitting in equity, granted the relief prayed for, and from this decree the respondent, Railroad Commission, prosecuted this appeal.
In the opinion of the court below it is also stated that it was admitted by the state that it was unreasonable that both orders should stand, and his statement finds no denial in brief of counsel for the appellant here.
Without further reference to the testimony, therefore, suffice it to say that the same has been given careful consideration, and that we are in accord with the view of the court below that the order numbered 767 is manifestly unreasonable. If there exist imperfections in the service of these three trains, or in the equipment of the same, or in their schedule, which the citizens of these communities desire to remedy, this end may be more readily accomplished by seeking an order for that purpose, but we think it clear that the evidence in this record does not justify any order for an additional train. Indeed, counsel for the ap
It has been held by the Supreme Court of the United States that the state Railroad Commission may in some certain instances order the stoppage of interstate trains, if they do not directly regulate interstate commerce. — Lakeshore & Michigan Ry. Co. v. Ohio, 173 U. S. 285, 19 Supt. Ct. 465, 52 L. Ed. 702; Atlantic Coast Line Ry. Co. v. Wharton, 207 U. S. 328, 28 Sup. Ct. 121, 52 L. Ed. 230. Questions of this character have frequently been before the Supreme Court of the United States for review. — Herndon v. Chicago, Rock Island & Pacific Ry., 218 U. S. 135, 30 Sup. Ct. 633, 54 L. Ed. 970; Mississippi R. R. Commission v. Illinois Central R. R. Co., 203 U. S. 335, 27 Sup. Ct. 90, 51 L. Ed. 209; Atlantic Coast Line v. Wharton, supra.
' The following quotation from some of the above authorities, are here in point:
In Atlantic Coast Line R. R. Co. v. Wharton, supra, is the following: “When, therefore, an order made under state authority
In Mississippi R. R. Commission v. Illinois Central Railroad, supra, it is said that: “Whether there has or has not been an [improper and] illegal interference” by such an order of the Commission with the interstate commerce of the railroad “is a question of law arising from the facts.”
The opinion in that case concludes as follows: “The transportation of passengers on interstate trains as rapidly as can with safety be done is the inexorable demand of the public who use such trains. Competition between great trunk lines is fierce, and at times bitter. Each line must do its best even to obtain its fair share of the transportation between states, both of passengers and freight. A wholly unnecessary, even though a small, obstacle ought not, in fairness, to be placed in the way of an interstate road, which may thus be unable to meet the competition of its rivals. We by no means intend to impair the strength of the previous decisions of this court on the subject, nor to assume that the interstate transportation, either of passengers or freight, is to be regarded as overshadowing the rights of the residents of the state through which the railroad passes to adequate railroad facilities. Both claims are to be considered, and after the wants of the residents within a state or locality through which the road passes have been adequately supplied, regard being had to all the facts bearing upon the subject, they ought not to be permitted to demand more, at the cost of the ability of the road to successfully compete with its rivals in the transportation of interstate passengers and freight.”
We deem it unnecessary to enter into a discussion of the evidence bearing upon these facts of-the case. It appears that this latter order, No. 781, of date May 5, 1914, was entered by the -commission without any evidence additional to that which was
The order requires the stoppage of these through trains at the stations of Sulligent, Cordova, Carbon Hill, and Dora, but no witness seems to have been examined in so far as Sulligent is concerned, and no insistence appears to have been made on behalf of that community as disclosed by this record. By the conclusion we have here reached we do not mean to indicate that the citizens of these communities have not been without some cause for complaint as to the service rendered, such as maintenance of schedule time and additional equipment of the trains it deemed necessary. Upon these questions we are not called upon to pass as they are not here involved, but such matters ar,e of the character to be remedied by a complaint to the Railroad Commission upon a proper petition for proper orders. We have also not been unmindful of the rule as stated in Railroad Commission of Alabama v. Alabama Northern Railroad Company, supra, and of the necessity for the strict observance thereof by this court in reviewing the orders of the Railroad Commission. Under the peculiar facts and circumstances, however, as disclosed by this record, we are of the opinion that the trial court reached a correct conclusion in regard to order No. 781, which we have here just above been considering. The learned trial judge concluded his opinion in the following language, which summarizes the result of his investigation into the evidence in this case, and in which summary we concur: “It is shown without contradiction that for many years this road has been striving to obtain and retain its share of the through traffic from the West to the Southeast in competition with other roads. It is shown how they have given up one connection after another in order to meet competition and make reasonably quick schedules. Without controversy, it is shown that in other states it has had to discontinue many stops of relatively greater importance than the Alabama points discontinued. Complainant also shows without contradiction that, if the order is not suspended, the time consumed in making these stops would compel it to lose its interstate connection, with
In this view of the case and in the light of the above-cited authorities of the Supreme Court of the United States, we conclude that said order No. 781 cannot stand.
It follows, therefore, that the decree of the court below must be affirmed.
Affirmed.