ICC ruling about flag stops for mail trains

[NW Mailing List]

From: aschneiderjr at sbcglobal.net
To: "Frank Scheer" <f_scheer at yahoo.com>,
RailwayPO at yahoogroups.com 
Date: Mon, 10 Dec 2007 01:15:15 -0600 
Subject: Re: [RailwayPO] ICC ruling about flag stops
for mail trains 


The case, ATLANTIC COAST LINE R. CO. v. WHARTON, 207
U.S. 328, can be read on 

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/207/328.html


Wharton and two others were the Railroad Commissioners
of South Carolina. 

As Frank suggests, it was more of an interstate
commerce case than interferance with the mails,
although it was mentioned that they would loose their
compensation for carrying the mails if the through
trains 32 and 35 could not maintain their schedules.
It appears the court was holding that a railroad
running a primarily interstate train was exempt from
state regulation even if the federal government did
not choose to regulate it. 

In the previous term the court had upheld North
Carolina's order to the ACL to restore a connection by
train number 39 with a Southern Railway train at Selma
or to establish an earlier train between Rocky Mount
and Selma to do so. See ATLANTIC COAST LINE R. CO. v.
NORTH CAROLINA CORPORATION COMMISSION, 206 U.S. 1
which is found at 

http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/206/1.html


One factor which may have influenced the justices was
that the North Carolina region which depended on train
39 and the Southern connection to reach the opposite
side of the state had a population of about 400,000,
while the South Carolina towns seeking a flag stop had
about 1,000. Another factor was that in the NC case
there was no alternative not involving an overnight
stay en route, while in the SC case there were other
through, albiet slower, trains 39 and 40 which did
stop. 

Interesting side note: train 39 is described as
originating in New York in the North Carolina case and
trains 32 and 35 are described as terminating in
Jersey City, N.J. in the South Carolina caae. The
Hudson River tunnels to Penn Station had not opened in
1907 so the latter was correct for both trains, unless
one had a car ferry but the other required passengers
to disembark and walk onto a boat. 

Alex Schneider 


December 10, 2007

Thanks for looking up the case, Alex.  I'll share this
information with Ron and Roger who transcribed the
original article.

Best wishes for a great '08!

Frank