75 S.E. 381 | S.C. | 1912
Lead Opinion
This case was argued at the June term, 1911, and ordered reargued in the Court en Banc at the November term, 1911.
July 13, 1912. The opinion of the Court was delivered by This is an action for the recovery of a statutory penalty, and for damages alleged to have been sustained by the plaintiff, in consequence of an unreasonable delay on the part of the defendant, in transporting certain articles of merchandise.
The allegations of the complaint, material to the consideration of the questions involved, are as follows:
"That heretofore, to wit: on the 4th day of March, 1907, the Ashepoe Fertilizer Company delivered to the Atlantic *45 Coast Line Railroad Company, at Charleston, S.C. ten tons of guano, consigned to Z.R. Traynham, at Barksdale, in Laurens county, and State aforesaid.
"That at Yemassee, in the State aforesaid, on March 5, 1907, the Atlantic Coast Line Railroad Company, delivered the car containing said guano to the defendant, the Charleston and Western Carolina Ry. Co., for transportation to the plaintiff at Barksdale, S.C.
"That the distance between Yemassee and Barksdale, both of which are in the State of South Carolina, is not over two hundred miles, by the nearest railroad route.
"That although the said car of guano was received by the defendant on March 5, 1907, and the defendant was requested to make prompt shipment thereof, the said car of guano was not delivered to the plaintiff until the 6th day of April, 1907.
"That by and under the statute law of South Carolina, all common carriers doing business in this State are required to transport to its destination, all freight received by them for transportation, not exceeding the following limit, * * * and for failure to comply with the said statute, such common carrier so failing, shall be subject to a penalty of five dollars per day, for every day of delay, in excess of the time hereinabove limited."
The defendant denied that the delivery of the guano at its destination was unreasonably delayed, and alleged that the delay was caused by an unusually heavy movement of freight, at that time, over the line of the defendant, which caused its yards and tracks to be blocked at the transfer points, and made it impossible to reach the car and move it at an earlier date.
The defendant also alleged, that the shipment was subject to the laws relating to interstate commerce, and not to State legislation, by reason of the fact, that the defendant's line of railway, over which the guano was being transported, lies *46 partly in the State of South Carolina and partly in the State of Georgia.
The jury rendered a verdict in favor of the plaintiff for sixty dollars, and the defendant appealed.
The testimony shows, that the shipment began and terminated at its destination in this State; that a part of defendant's line, over which it was necessary for it to transport the goods, lies within the State of Georgia.
The first question that will be considered is, whether it was an interstate or an intrastate shipment.
The cases of Sternberger v. Ry.,
The title of the act then and now before us for interpretation is: "An act to prevent delays, in the transportation of freight, by railroads in this State." The first section provides: "That from and after May 1, 1904, all railroad companies doing business in this State, shall transport to its destination, all freight received by them for transportation, within the State, * * *."
In that case the Court used this language: "Construing the words `transportation within the State,' according to their exact and natural meaning, they do not embrace interstate transportation. (Citing authorities.) The statute, therefore, cannot have operation beyond the territory of the State and should not be so construed, as to interfere substantially with transportation in its interstate feature. * * * Transportation is a part of commerce and it must be held *47 that the transportation in this instance, was not wholly within the State, but was in part within the State of Georgia, and was, therefore, interstate transportation."
If no other language had been used by the Court in that case, it would be unnecessary to cite authorities to show, that the statute of this State is inapplicable. But the Court left open the question, whether a case is embraced within the terms of the statute, when the delay takes place wholly in this State.
In Hanley v. Kansas City R.,
An interstate transportation is continuous in its nature, and if a State statute, could have the effect of breaking the continuity of transportation, it would necessarily interfere with interstate commerce. State v. Holleyman,
As an interstate transportation must be regarded as an entirety, it is difficult to conceive how a delay may take place within a State, without being affected by causes operating at some other place on the line of railroad, even in another State.
It would certainly be an onerous burden on interstate commerce, to hold that a shipment during its actual transportation, could be subjected to State legislation at any point on the line whatever, before it reached its destination.
It is the judgment of this Court that the judgment of the Circuit Court be reversed.
MR. JUSTICE WATTS and CIRCUIT JUDGES ERNEST GARY, GEO. E. PRINCE, ROBT. E. COPES, T.H. SPAIN, FRANK B. GARY and S.W.G. SHIPP concur. *48
Dissenting Opinion
Lest others may be unjustly criticised for my shortcoming, I want to say that I am solely responsible for the delay in the filing of the decision of the Court in this case. The opinion of the Chief Justice was prepared before the case was heard by the Courten Banc. The opinion of Mr. Justice Fraser was prepared and sent to me within a few weeks thereafter. Since then the papers have been in my hands. Circumstances beyond my control have prevented the preparation of this opinion at an earlier date. I venture to think, however, that the importance of the question involved to the people of this State justifies the taking of all the time that was necessary for its thorough consideration.
The action was brought to recover the penalty of five dollars a day, which the statute of this State (25 Stats., 490) allows consignees, who are injured by the delay, to recover of carriers for every day of unreasonable delay in the transportation of freight within this State. The defendant received the shipment March 5th, but failed to carry it to destination till April 6, 1907, a delay of more than thirty days, notwithstanding the distance between the points of shipment and destination is not over two hundred miles. Notwithstanding both points are within this State, defendant's road runs for a distance of some twenty miles outside the State and through the city of Augusta, Ga. This circumstance affords the defense chiefly relied upon, to wit: that the shipment was interstate, and, therefore, the State statute does not apply; and, if it does, that it is void, because it is an unlawful interference with and burden upon interstate commerce.
The Court instructed the jury as follows: "If the jury find that the car was delayed in South Carolina by reason of conditions existing on the road of defendant in the State of Georgia, then you must find for the defendant. If the jury find that the delay in the shipment occurred wholly within this State, then I charge you that the plaintiff is *49 entitled to recover five dollars per day for every day the car was delayed in this State, less the time allowed by the statute, Sundays excluded, provided you find that the delay was not brought about by good and sufficient cause. If you find that the delay was brought about by good and sufficient cause, you must find for the defendant, or if you find that the delay occurred in the State of Georgia, you must find for the defendant." Under these instructions the verdict of the jury settles the question of fact in plaintiff's favor that the shipment was unreasonably delayed while it was within this State, and that the delay was due to conditions existing wholly within this State. The questions raised by the exceptions, other than the validity of the statute, as applied to the shipment in question, do not require discussion.
The title of the act is: "An act to prevent delays in the transportation of freight in this State." What kind of delays did the legislature have in mind? The language of the title answers, "delays in the transportation of freight." Occurring where? Answer, "within this State." It is clear, therefore, that the legislature realized and had in mind the limitations upon its power, and knowing that it could not penalize delays occurring beyond the borders of the State, did not attempt to do so; but, by the language used, made it clear that its intention was to penalize only such delays as occurred within its jurisdiction. This intention is shown also by a consideration of the act as a whole and especially by the language of the first part of the first section, which reads: "That * * * every common carrier doing business in this State shall transport to its destination all freight received by them for transportation within this State within a reasonable time after receipt thereof, not exceeding the following times, after midnight of the day of the receipt thereof, to wit: Between points not over one hundred miles apart, seventy-two hours; between points over one hundred and not over two hundred miles apart, ninety-six hours; *50 and between points over two hundred miles apart, one hundred and twenty hours." To limit the meaning of the words "within this State," here used solely to a modification of the word "transportation," so as to make the language mean that the physical act of transporting must be wholly within the State, is a construction so narrow and technical as to do violence not only to the legislative intent, but also to the legislative intelligence. The Court knows, and must assume that the legislature knew, that some of the railroad companies doing business in this State, and especially the larger systems, transport great quantities of freight from point to point within the State by carrying it over lines which run in part beyond the borders of the State. The language used, construed in the light of this fact, plainly shows the intent that the act should apply to all shipments from one point in the State to another point in the State, without regard to whether the actual physical movement was wholly within the State at every stage thereof or not.
In the first place, it will be conceded that the shipment in question is interstate. This Court has expressly decided that point. Hunter v. Ry.,
Celerity in the movement of freight is of the utmost importance in the promotion of commerce. The statute in question, so far from hindering or burdening commerce, is actually an aid to it by stimulating the carriers to the exercise of proper diligence in the transportation of freight. "A State statute imposing a penalty on railroad companies for the detention of freight more than a limited time after it is received for shipment, without the consent of the shipper, is not void as a regulation of interstate commerce even as applied to freight to be shipped to another State, since the enforcement of such statute would expedite and not obstruct interstate traffic." 17 A. E. Enc. L. 2 ed. 103.
In Sherlock v. Ailing,
In Western Union Tel. Co. v. James,
That case cannot be distinguished in principle from this; for unquestionably it is the duty of carriers, under the general law, to transport freight to its destination within a reasonable time after receipt of it. The statute we are now considering imposes no new duty. It only penalizes the failure to perform the duty imposed by the general law, and implied as an element of the contract of carriage. *54
While it fixes the limits of time within which shipments shall be carried from place to place within given distances, it, in effect, if not in terms, declares the times so fixed to be reasonable, and it even goes further and allows the carrier to relieve itself from the liability incurred by failing to comply with its provisions by proving that such failure was due to good and sufficient cause. But it was expressly decided in Western Union Tel. Co. v. Commercial Milling Co.,
In Chicago etc. R. Co. v. Solan,
The last decision by the Supreme Court of the United States upon this subject is Western Union Tel. Co. v. Crovo,
Under the reasoning and authority of the cases hereinbefore cited, I conclude that the statute under consideration is not an unlawful interference with or burden upon interstate commerce, when applied to delays occurring wholly within the State; and that it was intended to be applied only in cases of delay occurring within the State.
Therefore, I think the judgment of the Circuit Court should be affirmed.
MESSRS. CIRCUIT JUDGES H.F. RICE and T.S. SEASEconcur.
Dissenting Opinion
I feel bound to file a dissent to the opinion of the majority of the Court en Banc in this case on account of the exceeding great importance of the questions involved.
Railroads are quasi public highways. It is the State's business to maintain highways, and when the State allows its business to be conducted by private persons or corporations, it ought not to lose its power to control the management of them. If the Federal Supreme Court shall limit the power of this State to control its own affairs, it will be time enough to concede the loss. If this Court surrenders the State's rights the State is helpless. If this Court erroneously upholds the State's power to control the highways within *58 its borders, there is a right of appeal to the Supreme Court of the United States and the error can be corrected. The respondent here would have no standing with the Federal authorities. He concedes they have no jurisdiction. The power of this State to control commerce between its own citizens ought not to be surrendered.
In the view I take of this case, it is necessary to consider appellant's last exception. The appellant refers us toFrasier Co. v. Ry. Co.,
The statute allows the transportation company to change the route designated by the shipper when the designated route will be interrupted or incapable of being used at the time, by strike or casualty, preventing the running of its trains.
As to the interstate commerce feature of this case, I would say: Commerce is the interchange of commodities between the contracting parties. When the contracting parties are citizens of different States our scheme of government has placed the control in the Federal government, which is common to both. Where the contracting parties are citizens of the same State, the control is assigned to the State of which both are citizens. The line of division between these two ought to be clearly defined. The Federal government ought to be accorded cheerful obedience in its management of interstate commerce, but the State Courts ought to be jealous to guard the rights of the State to control intrastate commerce. Now is this inter or intra state commerce? Both of the contracting parties are residents of *59 this State. Both termini are situated in this State. It does not seem to me that the bare fact that in the course of transportation it passed for a short distance beyond the limits of the State can change the nature of the transaction.
It is said that transportation is a part of commerce. Manifestly this is true. Otherwise there would be little intrastate commerce and no interstate commerce. It seems to me that the contract of the parties and not the method of transportation fixes the nature of the commerce, and the jurisdiction of the Federal and State governments. It seems to me that the case of State v. Holleyman, 55 S.C. sustains this view where the method of transportation was the most primitive, but protected by the nature of the contract.
The fact that the State of South Carolina cannot punish an offense committed in Georgia, does not deprive the State of the power to punish for an offense committed in South Carolina.
The Lehigh Valley Railroad Co. v. The Commonwealthof Pennsylvania,
I do not see that the Lehigh Valley case is overruled by any of the cases cited. In these cases there was an effort to fix charges for transportation and to punish for offenses committed outside of the States whose laws were invoked. Of course they failed. The State cannot control transportations outside of their territorial limits. The question in each case was the jurisdiction of the several arms of the State government and the Courts held that these arms could not reach so far. It is true in the case of Frasier Co. v.The Railway, the Court does call it interstate business, but when the Court said, "there was no evidence that the delay occurred in this State," it was without jurisdiction to render any judgment except to dismiss the proceedings. The same is true of the Hunter case.
In the Hawley case and the Sternberger case the question was the right of State railroad commissions to fix rates outside of the State, and it is conceded that they had none. The nature of the commerce was not involved, therefore, the name by which it was called is not binding.
In the case at bar the contracting parties were of this State, the termini in this State, and the delay for which judgment was given occurred in this State. *61
It is my opinion that the judgment of the Court below ought to be sustained.
Dissenting Opinion
Granting that the shipment was betwixt the States, the mixed issue made is this: does the requirement of the statute that the car of fertilizers should not be halted in this State except for "good and sufficient cause," constitute a burden upon or hindrance of the carriage of the fertilizers?
The testimony does not prove it as a fact; and no just inference shows it as the law.
In my judgment the statute is a valid exercise of the State's power now; and the result below was right and ought to be affirmed.
MR. JUSTICE WOODS did not sit in this case.