111 So. 2d 230 | Miss. | 1959
Lead Opinion
The Illinois Central Railroad Company, which operates a line of railroad through the Town of Sumner, Mississippi, one of the two county seats of Tallahatchie County, and which maintains a depot at that point with an agent to serve the public from 7:25 A. M. to 4:25 P. M. each day, Monday through Friday, was joined by Railway Express Agency, Inc. in a petition to the Public Service Commission to discontinue their agencies from January 1st through August 31st, of each year, thus making them prepay stations for that period, but, for the balance of the year, that is, from September 1st through December 31st, during the cotton season, the agencies would be revived. The Town of Sumner contested the petition.
The proof showed that, if the relief prayed for was granted, the depot at Sumner would be locked during the eight-month period, as stated above, and would be manned by no railroad personnel whatever. No agent would be present to receive outgoing, or deliver incoming, shipments. The consignees of carload or less than carload shipments would be required either to establish credit with the Railroad Company, or have their shipments prepaid at the points of origin. Except when a railroad truck and its driver or a train and its crew happened to be present, shippers would prepare bills of lading and deposit them in a box at the warehouse. The Railroad Company would accept no responsibility for the shipment however until one of its employees picked up the bills of lading, deposited in the box, and signed the same. Shippers, to get their bills of lading, would have to obtain a key, unlock the box, and thereby procure the same. Incoming shipments, less than carloads, would be placed in the warehouse by railroad employees; and
The Public Service Commission, holding that the proposal as contained in the petition, would not conform to the provisions of Section 187 of the Constitution, declined to grant the relief prayed for. On appeal to the Circuit Court of Hinds County, the learned judge held that the proposed prepay station would amount to a substantial compliance with the Constitution, and that elacticity in interpretation should be indulged in order to meet changing economic conditions. He therefore reversed and set aside the order of the Commission. Prom the judgment entered, the Town appealed.
The question for determination is whether or not a depot, maintained for eight months in the year in the manner here inabove set out, constitutes a substantial compliance with Section 187 of the Constitution.
The Constitution of 1890 took effect on November 1, 1890, before the railroad here in question was built. Section 197 thereof required all owners or projectors of railroads thereafter to be built, either entirely within the State, or partly in this State and partly in another state, or in other states, to incorporate under the laws of his State.
No reference whatever to railroad depots generally was made in the Constitution. But it was specifically
The reason for the adoption of this provision was that, prior to 1890, railroad companies, in a number of instances, had refused to build their lines through county seats. Mississippi Constitutions by George H. Ethridge, p. 348. The framers of the Constitution were evidently of the opinion that, in the future, newly built railroads, if they passed within three miles of a county seat, should serve the town and its citizens. To that end, and to make certain that there would be no recurrence of refusals in such cases by railroads, it was expressly provided by Section 187, supra, that a railroad, if it passed within three miles of the county seat, must pass through such county seat and establish and maintain a depot therein, unless prevented by natural obstacles, if the town or its citizens would grant the right-of-way and sufficient grounds for ordinary depot purposes.
This Court in State v. Railroad Company, 86 Miss. 172, 38 So. 732, in passing on the purpose and intent of Section 187, pointed out why the framers of the Constitution made the distinction between county seats and other towns saying: “the reason for the distinction which was made between county seats and other towns being most probably that the framers of the constitution realized that to make the section apply to all towns would inevitably tend to discourage the building of other railroads, and would thus materially retard the development of many sections of the state. Hence the section was
In addition to protecting the interest of a county and its citizens in the value of property in the county seat, it might have also been said that, in those days, most taxpayers paid their taxes in the coin and currency of the realm, going to the county seat in person to do so; that the courts, both circuit and chancery, held their terms at the county seat, where people were called as litigants, jurors, or witnesses; that the board of supervisors, the managers of the county’s business, held their meetings at the county seat; that citizens were required to go to the county seat oftentimes for the execution, and, at all events, for the recordation, of deeds and other conveyances; and that professional talent and counsel could be obtained at the county seat. In other words, the county seat was an important place in the life of the citizenship of the county, and was a place necessarily
In 1890, except for animal drawn vehicles such as carts, buggies, surreys and wagons, the principal means for passenger travel and freight deliveries was by railroads. At that time, this means of transportation had not attained its full expansion, and many lines were subsequently built. Depots, in those days, were places where passengers were received and discharged and where freight was accepted for shipment and was delivered to consignees. Employees were present for that purpose and to serve the needs of potential patrons. They were not locked buildings without personnel as contemplated by the proposal in this case.
It is conceivable and beyond the wildest stretches of the imagination that the framers of the Constitution, in the year 1890, when they required railroads to establish and maintain depots in county seats, intended that this mandate would be satisfied by the construction of a building, which would be called a depot, but which, for eight months of the year, would be locked, with no agent present to transact business with the people, and further maintained in the manner shown in the statement of facts in this case.
The purpose and intent of the framers of the Constitution at the time of its adoption must be preserved. In State v. Railroad Company, supra, this Court said: “A constitution is framed for the guidance and
In 1889, just a short time before the adoption of the Mississippi Constitution of 1890, the Supreme Court of North Carolina in Land v. The Wilmington and Weldon Railroad, 104 N. C. 48, 10 S. E. 80, with reference to what the terms ‘ ‘ a regular depot,? ’ or “ station, ’ ’ of railroads signified at that time, said: “such depots or stations imply, ordinarily, such suitable and sufficient buildings, erections and appliances as may be necessary in receiving and delivering freights, and for the temporary protection of the same until they shall be transported or delivered to the persons entitled to have them, and that the company has a business office there, and suitable agents and employees to receive and deliver freights, to give receipts, bills of lading for the same, and to do the like and similar service. They are settled, recognized places, to which shippers of freights may, at all appropriate times, go to ship, or receive the same. ’ ’
The appellants, in their belief, cite a number of eases from other jurisdictions in which definitions of depots
The basic consideration in the foregoing statute is the public convenience and necessity. That, obviously, is a judicial question. The Court was manifestly correct in its use in those opinions of the following language to wit: “We have no statute which imposes upon a railroad company the absolute duty to maintain an agency station. In the absence of such a statute, the duty of the railroad company, if any, is to maintain an agency station where it is reasonably necessary to do so and where the public convenience requires it.”
The maintenance of the depot, as proposed, does not comply with Section 187 of the Constitution. Under that provision, in addition to a building for the receipt and delivery of freight, the Railroad Company must have an agent or agénts at appropriate times during
From which it follows that the circuit court erred in reversing and setting aside the order of the Public Service Commission. Consequently the judgment of the circuit court is reversed, the petition is dismissed with prejudice, and judgment will be rendered here for the appellant.
Reversed, petition dismissed with prejudice, and judgment for appellant.
Dissenting Opinion
dissenting.
The question for decision is whether the system proposed to be adopted by the Illinois Central Railroad Company and the Railway Express Agency, Inc. would be a substantial compliance with the requirement of Sec. 187 of the Constitution of Mississippi under present-day conditions. Able counsel for the Town of Sumner in his brief says the only question in the case is “whether or not such type of operation meets the requirements of the constitutional provision.” A stipulation between the parties states the proposition to be whether “the closing of the Sumner agency is in violation of the provisions of Sec. 187 of the Mississippi Constitution of 1890 in this cause.” The learned trial judge stated the proposition in these words: “The Town of Sumner contends that in order to maintain a depot, an agent must at all times be on duty. Their contention amounts to just that in the last analysis. ’ ’ The commission on motion of the Town of Sumner, dismissed the petition. Therefore, no question is presented in this proceeding as to whether the proposed service meets the necessities and
Before entering upon a discussion of the meaning of the section as applied to the railroad, it may be helpful to clarify the situation by noting at this point that one of the appellees is the Railway Express Agency. No serious contention is made upon this appeal to show that the service proposed is not reasonable and adequate as to that agency. Said Sec. 187 has no application to the Express Agency.
In my opinion the requirements to establish and maintain a depot was to afford reasonable service to those having business with the railroad at the depot. I think that was true at the time the section was adopted and is true at the present time under existing conditions. It may be helpful to note the changed conditions. The controlling opinion makes note of the fact that the only method of transportation in 1890, aside from walking and use of railroads, was by horse drawn vehicles. There were no hard surfaced public roads. At this time vehicles for transportation are practically all propelled by motors, including airplanes. Indeed, without going into detail, methods of transportation have perhaps changed more since 1890 than they had changed from the beginning of time to that date. This thought is especially applicable to the situation at Sumner, with the paved highways, automobiles and motor trucks carrying passengers and freight. These motor vehicles have largely supplanted railroads in the transportation of passengers and freight. Indeed, there is no passenger service at all at Sumner. All of this means, as was stated in the petition herein, that the railroad would have to maintain a fulltime agent at Sumner at considerable loss.
Now just what is the proposed system? For four months in the year, during the busy season, a regular station agent is on the job. During the remaining eight months the station is operated as a kind of self serv
The trial judge summed up his findings on the testimony in these words: ‘ ‘ The proof shows, without going into detail, that substantially all of the services rendered by a railway station are being offered at Sumner, except that no fulltime agent is to be stationed there except during the cotton shipping season, and that at other times the services described as pertinent to a prepay station will be offered to the residents of the town.” Again he said: “About the only person really inconvenienced as a shipper is the person who is unable to arrange credit for his shipments with the railroad company. Such persons using the railroad are few and far between, and certainly his shipping requirements would be inconsequential and not sufficient to alter the results.”
It is shown that the Town of Webb is only two miles from Sumner. The railroad has a live station at Webb. A paved road connects the two towns and they are on the same telephone system and those needing railroad service in the community of Sumner could very easily use the agency at Webb.
In State v. Railroad Company, 86 Miss. 172, this Court explaining the reason for adoption of said constitutional section, said: “ * * * * one great evil which was sought to be guarded against being that companies organized for the real or ostensible purpose of constructing railroads would often extort larg'e grants and donations of lands, money, or bonds from the towns or their citizens by the threat of locating the projected line of railroad just beyond the confines of the town, and there establishing a depot and building up a rival market, having
It will be noted that the constitutional provision does not expressly require that a live agent be on duty at all times at a county seat. Nor does it undertake to regulate hours or time or prescribe the type or character of buildings. It uses the word “depot.” The specific question has been dealt with by the courts. In the case of Missouri-Kansas-Texas Railroad Company of Texas v. Fowler, 290 S. W. 2d 922, the wording of the statute was substantially the same as the wording of our constitutional provision. The railroad applied to the railroad commission for authority to discontinue its agency at a certain station and substitute a prepay station except during the cotton shipping season. The application was granted by the commission and the protestants appealed to the Court of Appeals of Texas. The appellants contended that the statute required the railroad to render agency service, just as is contended in the case at bar. The Court of Appeals held that the personal agency service for three months and the prepay station service for nine months complied with the requirements of the statute.
In the Illinois Central Railroad Company v. Illinois Commerce Commission, 397 Ill. 387, 74 N. E. 2d 526, the statute required “that all railroad companies in this state carrying passengers or freight shall, and they
Indeed this Court has strongly intimated at least that the requirement to establish and maintain a depot does not necessarily require a live agent on duty within reasonable hours at all times. Section 7847, Mississippi Code of 1942, provides: “And every railroad shall establish and maintain a depot within the corporate limits of every incorporated city, town or village through which that railroad passes***.” In the case of Citizens of Stringer v. G. M. and O. Railroad, 90 So. 2d 25, (Miss.) this Court said: “We have no statute which imposes upon a railroad company the absolute duty to maintain an agency station.”
The proof in this case shows that appellee railway has in its system some 600 to 700 non-agency, or prepay
In Stepp v. State, 202 Miss. 725, 32 So. 2d 447, this Court said: “A constitution is intended to endure for a long time, and is interpreted in the light of developments which have appeared at the time of the interpretation.” Chief Justice John Marshall, in McCulloch v. State of Maryland, 4 L. Ed. 579, made the observation that a constitution is “intended to endure for ages to come, and, consequently, to be adapted to the various crisis of human affairs.”
Again it is said in 11 Am. Jur., Constitutional Law, Sec. 62, “Constitutions are to be construed in the light of their purpose and should be given a practical interpretation so that the mainly manifest purpose of those who created them may be carried out. ’ ’
The trial judge, after noting the fact that no passenger service was needed at Sumner, made this pertinent observation: “It is apparent to all that the original purpose of the constitutional section was to provide methods of getting to court, which in the early days of the life of the state was a matter of great concern. The entire entourage of the court had to get from county site to county site, and there was no other method of doing so. Certainly some elasticity in interpretation should be allowed to meet the changing conditions in the economic world of today as well as changes in the transportation requirements which palpably made the provision applicable.” With a fulltime ag'ent the station would be operated at a financial loss. It is apparent that a large part of the time of such an agent would be consumed in twiddling his thumbs.
In Albritton v. Winona, 181 Miss. 75, 178 So. 799, it is said: “G-rowth is the life of the law, and when it ceases to grow and to keep pace with social and eco
We judicially know there are ninety one county sites in Mississippi. It is common knowledge that some of them don’t have over two or three dozen people residing therein, yet, if a railroad runs through such community, it must maintain a fulltime agent therein regardless of need or cost. I don’t think Sec. 187 of the constitution means that.