Caughman v. Columbia, N. & L. R. Co.

• Decision Date: 13 April 1909
• Citation: 64 S.E. 240,82 S.C. 418
• Parties: CAUGHMAN et al., Railroad Com'rs, v. COLUMBIA, N. & L. R. CO.
• Court: South Carolina Supreme Court

64 S.E. 240

82 S.C. 418

CAUGHMAN et al., Railroad Com'rs, v. COLUMBIA, N. & L. R. CO.

Supreme Court of South Carolina

April 13, 1909

Mandamus by B. L. Caughman and others, as Railroad Commissioners against the Columbia, Newberry & Laurens Railroad Company. Demurrer to petition overruled, with leave to answer.

Attorney General Lyon, for petitioners.

Lyles & Lyles, for respondent.

WOODS J.

B. L Caughman, J. H. Earle, and J. M. Sullivan, railroad commissioners, by their petition ask the Supreme Court to enforce by mandamus an order made by them as railroad commissioners, requiring that the Columbia, Newberry & Laurens Railroad Company "should provide additional side track room at Sligh's, S. C., so that side track room would accommodate, in a way so as to be convenient, patrons loading and unloading at least four cars, and that said side track be completed on or by August 1st, 1908; that a passenger shed be erected at Sligh's, S. C., sufficient in size for the convenience and the accommodation of the traveling public on or by September 1st, 1908." The application is made under section 2119, Civ. Code 1902, which provides the writ of mandamus as a remedy for neglect or refusal of a railroad company to comply with the rules and regulations of the railroad commissioners within the limits of their authority.

The petition alleges that the order was made because of complaint made to the railroad commissioners by citizens residing in the vicinity of Sligh's, alleging that the Columbia Newberry & Laurens Railroad Company was furnishing insufficient accommodation at said point for passengers traveling on said road, and insufficient facilities for receiving and delivering freight at said point, in that there was no sufficient passenger or freight depot, and in that there were insufficient side track facilities for the handling, receiving, and delivery of freights received and delivered at said point, and asking that said railroad company be compelled to furnish a suitable passenger station and sufficient side tracks to accommodate not less than four cars." The petition for mandamus further sets out that the order above recited was made after notice to the respondent and investigation of the complaint, including the hearing of the respondent; that after the order was made the commissioners, on the request of the respondent, granted to it a full rehearing of the whole matter; that, after such rehearing, the commissioners decided that the order should remain in force, and caused the same to be duly served on the respondent; and that, though more than 60 days have elapsed, the respondent has failed to comply with the order. The respondent demurred to the petition on the ground that "it does not state facts sufficient to constitute a cause of action, in that the statute or statutes of the state, under which the board of railroad commissioners purported to act, are, and always have been, null and void and of none effect upon the following grounds: (a) That the said statute or statutes violate and are repugnant to the fourteenth amendment to the Constitution of the United States, section 1, and article 1, § 5, of the Constitution of the state of South Carolina, in that it or they deprive your respondent of its liberty and property without due process of law, in that the said statute or statutes make no provision for notice to the railroads of the hearing before the railroad commissioners, from which the said orders of the commission are to result, and in no way require an opportunity to be heard to be given the railroads before or after the passage of the said orders. (b) That the said statute or statutes violate and the repugnant to the aforesaid section of the Constitution of the United States and of this state, in that it or they attempt to take the whole and entire management of the railroads of this state from the hands of their owners, and place it in the hands of the board of railroad commissioners; thus placing upon your respondent and the other railroads of this state burdens beyond the duties they owe the public, and depriving your respondent of its liberty and property without due process of law."

The Constitution of South Carolina provides: "A commission is hereby established to be known as 'the Railroad Commission,' which shall be composed of not less than three members, whose powers over all transporting and transmitting corporations, and duties, manner of election and term of office shall be regulated by law; and until otherwise provided by law the said Commissioners shall have the same powers and jurisdiction, perform the same duties and receive the same compensation as now conferred, prescribed and allowed by law to the existing Railroad Commissioners ***" Article 9, § 14. By section 2067, Civ. Code 1892, the railroad commissioners are given general supervision of all railroads. By section 2068 they are required to apply for injunction or mandamus against any railroad company which after notice continues to violate any law or neglects "in any respect or particular to comply with the terms of its charter, or with the provisions of any of the laws of the state, especially in regard to the connections with other railroads, the rates of toll, and the time schedule." Section 2069 thus confers powers and imposes duties with more particularity: "Whenever in the...