State Ex Rel. R.R. Comm'n v. Wilmington & W. R. Co

• Court: North Carolina Supreme Court
• Writing for the Court: CLARK
• Citation: State Ex Rel. R.R. Comm'n v. Wilmington & W. R. Co, 29 S.E. 334, 122 N.C. 877 (N.C. 1898)
• Decision Date: 08 March 1898
• Parties: STATE ex rel. RAILROAD COMMISSION et al. v. WILMINGTON & W. R. CO.

29 S.E. 334

122 N.C. 877

STATE ex rel. RAILROAD COMMISSION et al.

v.WILMINGTON & W. R. CO.

Supreme Court of North Carolina.

March 8, 1898.

Constitutional Law—Courts—Legislative Powers—Appeals to Supreme Court?— Decisions Reviewable. 1. The superior court having been created by the constitution, it cannot be abolished, in whole or in part by the legislature.

2. Though Const, art. 4, § 12, authorizing the general assembly to allot and apportion the jurisdiction of the courts below the supreme court, "without conflict with other provisions of the constitution, '' confers on the legislature power to give to courts created by it original jurisdiction, exclusive or concurrent with the superior court, of any matters heretofore cognizable in the latter court (though not appellate jurisdiction over justices of the peace), it does not empower the legislature to change the status of the superior court, which was created as the head of the court system below the supreme court; and hence an appeal to the supreme court will lie only from the superior court.

3. Since, under Acts 1801, c. 320, §§ 7, 10, the orders of the railroad commission are merely the basis of judicial action in the superior court to enforce them or to punish their violation, and the fines and penalties laid by it must be collected by action in the superior court, in which the commission occupies the position of relator, and not that of a lower court from which an appeal has been taken, section 29, authorizing an appeal from said commission direct to the supreme court, "where no exception is made to the facts as found by the commission, " is in conflict with Const, art. 4, § 9, giving the supreme court appellate jurisdiction only, except in the case of claims against the state, though such commission is, under Acts 1891, c. 498, a court of record, and a court "inferior to the supreme court." within Const, art. 4, § 12, with powers inherent in all courts to punish for contempt, etc.

Appeal from railroad commissioners.

Petition by C. T. Pate and others, filed with the railroad commission, asking the commission to make an order requiring the Wilmington & Weldon Railroad Company to establish a railroad station with freight, express, and telegraph office, at a certain town, on one of its branch lines. Prom a judgment of the commission dismissing the petition, the state, on the relation of the commission and said petitioners, appeals. Dismissed.

Jones & Boykin, for appellants.

R. O. Burton, for appellee.

CLARK, J. The appellee moves to dismiss this appeal because taken direct from the railroad commission to this court, instead of to the superior court. The point was considered and adjudged in the cases of Rhyne v. Lipscombe, 29 S. E. 57, State v. Ray, Id. 61, and State v. Haywood Co. Com'rs, Id. 60, at this term. It was held in those cases that, the superior court having been created by the constitution, the legislature could not abolish it, either In whole or in part, and that section 12, art. 4, authorizing the general assembly to allot and apportion the jurisdiction of courts below the supreme court, "without conflict with other provisions of the constitution, " conferred on the legislature power to give to courts created by it original jurisdiction, exclusive or concurrent with the superior court, of any matters heretofore cognizable in the latter court (though not appellate jurisdiction over justices of the peace), but that this did not carry power to change the status of the superior court, which was created as the head of the court system below this court, and that from it alone appeals lie to this court. The historic and legal meaning of the term "superior court, " well understood when the constitution was adopted, is to be regarded in construing the language of the constitution, which again created it and provided for the election and terms of its officers and the residence and rotation of Its judges. Consequently, it was held that, while the genera] assembly could allot and distribute the original...