Utilities Commission v. Carolina Scenic Coach Co.
| Decision Date | 18 October 1939 |
| Docket Number | 170. |
| Parties | UTILITIES COMMISSION v. CAROLINA SCENIC COACH CO. |
| Court | North Carolina Supreme Court |
The defendant, Carolina Scenic Coach Company, had obtained a franchise to operate motor vehicles on the highways of North Carolina from the South Carolina line, South of Hendersonville, through Hendersonville via Mills River section, to Asheville, N. C. The franchise contained a restriction whereby the defendant was prohibited from taking on passengers going from Hendersonville to Asheville and likewise, prohibited it taking on passengers going from Asheville to Hendersonville. Defendant filed a petition for removal of this restriction, setting out that at the time the original franchise was applied for and obtained from the State Commission it was not deemed important to the traveling public that this petitioner handle local passenger business between Asheville and Hendersonville. This situation however, petitioner claims to be much changed on account of the increasing population of the cities referred to, and the greatly increased travel incident thereto, especially as the City of Hendersonville is a "resort city" as well as a large trade center for an increasing population through thickly settled rural communities. The petition also sets up similar facts with regard to the City of Asheville.
It appears from the petition that the Atlantic Greyhound Lines are serving the public between the cities and over the route designated, but because of the changed conditions referred to the petitioner now alleges that there is a public necessity for the increase of service and asks that the restriction be removed, in order that they may engage therein.
The matter was heard before the Utilities Commissioner, and on the 12th day of December, 1938, an order was made dismissing the petition.
The order sets up in detail the facts brought to the attention of the Commissioner, both by the petitioner and by the Atlantic Greyhound Lines referred to as already performing the passenger service between Asheville and Hendersonville, and follows with the conclusion that no public convenience or necessity exists upon which to base the removal of the restriction, but that on the contrary the service between the two points would be impaired because of the fact that there would not be sufficient business to support the two bus lines. There followed the dismissal of the petition.
The petitioner filed exceptions to the report of the Commissioner which were overruled on the 19th day of December, 1938, and thereupon, the petitioner appealed to the Superior Court. Upon such appeal, under the statute, the proceedings were transferred to the Superior Court of Henderson County.
There the Atlantic Greyhound Corporation, protestant in the proceedings above described, moved to dismiss the appeal for that (a) the Utilities Commission had no authority in law to entertain the petition filed before it by the Carolina Scenic Coach Company, nor to enter an order thereon for the purpose of removing the restriction imposed on the franchise certificate at the time of issuance; and (b) even if the Utilities Commission had authority at law to entertain a petition, conduct hearing in connection therewith and enter order thereon, no appeal lies to the Superior Court from an order denying the prayer of the petitioner.
Upon the hearing of this motion, Judge Rousseau, presiding at the May-June Term, 1939, of the Superior Court of Henderson County, entered an order dismissing the appeal, and from such order the petitioner appealed to this court.
J. W. Pless, of Asheville, for appellant.
L. B. Prince, of Henderson, H. G. Hudson, of Winston-Salem, and Bailey & Lassiter, of Raleigh, for appellee Atlantic Greyhound Corporation.
The Utilities Commission is a statutory board, exercising at times...
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