Rolling stock leased or conditionally sold by a Car Trust Association is taxable where the Car Trust has its place of business. 24 Am. and Eng. R. R. Cases, 626.

After argument of counsel and consideration, it appeared to the Commission that this property had been used over the Seaboard and Roanoke Railroad, the Raleigh and Gaston Railroad, the Raleigh and Augusta Air Line Railroad in North Carolina; and it further appearing that these roads were practically the owners of said rolling stock, it was adjudged and so ordered that the Seaboard and Roanoke Railroad Company be assessed for taxation on rolling stock for the years 1894, '95, '96 and '97, at a valuation of $103,055. The Raleigh and Gaston Railroad on a valuation of $276,186. The Raleigh and Augusta Air Line Railroad on a valuation of $238,124. These companies acquiesced promptly in the order of the Commission and paid the taxes on above valuation. Closed.

CITIZENS OF CERRO GORDO

vs.

WILMINGTON, COLUMBIA AND AUGUSTA RAILROAD.

This was a petition from the citizens of Cerro Gordo, asking that defendant company be required to erect a freight and passenger station and establish an agency at that place. Petitioners alleged that they were put to great inconvenience on account of there being no agent at that place to receipt for goods, and that the train has to be flagged in order that freight may be received and put on. That freight, when delivered, is put upon the platform with no one to look after or be responsible for it.

That goods of general merchandise, guano, etc., to the value of $40,000 is received annually, and that freight shipped from Cerro Gordo to various other places, consisting of spirits of turpentine, cotton, tobacco, tar, shingles, logs, cotton-seed, potatoes, beans, lettuce, melons and strawberries would exceed in value $40,000.

Defendant, in answer to the complaint, says: That the company has a small warehouse at Cerro Gordo sufficient to accommodate the freight, and also an agent who looks after the business in connection with other business.

That the records show that for the past six months the passenger business averaged two passengers to and two passengers from, and there had been handled from the station an average of three tons of freight per day, and that to be forced to build a large station and put to the expense of a salaried agent would work a hardship.

Hearing of the complaint was fixed for Monday, May 8, 1899, and defendant was requested to file on that day statement showing receipts from freight and passengers at that point for the twelve months passed.

The case was called on May 8, 1899, when J. L. Williams appeared and was examined for petitioners. J. R. Kenley, General Manager of defendant com

pany, was present and filed statement of earnings for twelve months, which showed total passenger revenue received, $473.30. Total freight revenue received, $1,971.37.

Upon further consideration and investigation it appeared to the Commission that the citizens of Cerro Gordo should be provided with a building of sufficient dimensions to accommodate the business of the place, and to establish an agency.

It was so ordered.

CITIZENS OF MAXTON
vs.

CAROLINA CENTRAL RAILROAD COMPANY, AND THE ATLANTIC AND YADKIN RAILROAD COMPANY.

Petitioners complain in this case that defendants had failed to carry out an order of the former Railroad Commission to erect a joint passenger station at Maxton.

At a session of the Commission on July 26th, upon investigation it appeared that the prayer of the petitioners should be granted, and it was ordered that the defendants erect a suitable joint passenger station within sixty days.

J. F. MILLS

vs.

THE ATLANTIC COAST LINE AND SEABOARD AIR LINE.

Complainant, who is engaged in the livery business at Wilmington, alleged discrimination against him to the detriment of his business, in that defendants issue a certain pass to McMillan & Cowan, a firm doing a livery business in the city of Wilmington, and suffers and permits the said McMillan & Cowan to send over their lines a servant or employee of the said McMillan & Cowan, and suffers and permits the said employee to solicit from the passengers upon said lines their checks for baggage. That said checks so held by the passengers are surrendered to the employee of the said McMillan & Cowan, and the baggage of said passenger is delivered at any part of the city for the charges agreed upon by and between the said passenger and employee.

That the result of the conduct of the said railroads in issuing passes and permitting the issue on their trains for the purpose as above set forth, has absolutely thrown in the hands of the one livery establishment named above the control of all the baggage that comes to the city of Wilmington.

The complainant asked that the said railroad companies be required to prevent any further discrimination, and that they be estopped from issuing any passes whatsoever to any person or persons for the purpose of conducting business as liverymen.

Defendants, in answer to the complaint, say:

That it is true that they have made a contract with Cowan & Company whereby said Cowan & Company are given the right to place agents for baggage solicitors on their regular trains entering Wilmington, but the same is not in violation of any law of the State. By chap. 108 of the Laws of 1879 it was prohibited, but that act was repealed by the General Assembly of 1899, if it was not already repealed by the failure to bring it forward in the court.

That it is highly conducive to the convenience and the comfort of the traveling public to have a transfer agent on the train in order that he may take charge of all checks and baggage and save passengers the trouble and annoyance of attending to these matters after the arrival of the train. That this is the custom in all large cities, and the defendants have made this contract in the desire to promote the comfort of their passengers.

That it is not practicable to have every baggage man represented on the train.

Defendants filed copy of contract with S. P. Cowan & Co., which provides that said solicitors in soliciting baggage checks of passengers on incoming trains shall do so at such times and places as the conductors of said trains shall severally designate, and shall do so in such orderly and respectful manner as not to annoy or offend passengers on said trains. Said solicitors shall not conduct any other business than that designated on said trains, and especially shall not act as solicitors for hotels, restaurants, merchants, or others.

Said solicitors shall wear a distinctive badge, indicative of their occupation, subject to the approval of the General Manager of said railroad companies.

At a session of the Commission September 5, 1899, this case was called, and argument of counsel of both plaintiff and defendant was heard, and after careful consideration the Commission was of the opinion that no unjust or unreasonable discrimination existed in this case, and same was dismissed.

CITIZENS OF SHELBY
vs.

THE WESTERN UNION TELEGRAPH COMPANY.

This was a petition signed by one hundred or more of the citizens of Shelby, asking that the Commission require the Western Union Telegraph Company to establish and maintain a telegraph office at some convenient point in the business portion of the town of Shelby.

The petitioners alleged that the office of defendant company is at present, and has been for several years past, located at the Carolina Central depot in said town. That said depot is from one-half to three-quarters of a mile from the

business part of Shelby, and that the telegraph office is inaccessible and most inconvenient to the majority of the patrons of said once.

That the town of Shelby has a population of more than two thousand inhabitants, and will support a telegraph office, and that said company could maintain the office desired by the citizens of Shelby without loss to said company. This complaint and petition was served on J. B. Tree, Superintendent of defendant company, requesting that he make answer to the complaint or grant the relief desired.

To this communication, defendant replied that his company was disposed to grant the relief asked.

At a session of the Commission October 2, 1899, it appearing that the relief asked had been given, and no further action desired, the case was closed.

CITIZENS OF ROCKY MOUNT

vs.

THE WESTERN UNION TELEGRAPH COMPANY AND THE SOUTHERN EXPRESS COMPANY.

This was a petition from the citizens of Rocky Mount, asking that the Commission issue an order requiring the Western Union Telegraph Company and the Southern Express Company to establish offices in a convenient part of the town.

Petitioners alleged that the offices of both these companies are situate in the extreme southern part of the town, while the entire business of the town is at the other end, and the business men are subjected to the expense, inconvenience and trouble of having to walk the entire length of the town in order to send a telegram or to get express.

Copies of complaint and petition were served on defendants with request to grant the relief demanded, or answer.

Both the Western Union Telegraph Company and the Southern Express Company answered, expressing a willingness to grant the relief demanded. At a session of the Commission, November 1, 1899, it appearing that the relief asked had been given, and no further redress desired, the case was closed.

W. L. HUME

vs.

TRANSYLVANIA RAILROAD COMPANY.

Complainant in this cause alleged that the track of defendant's road was in bad condition, and that the engine and the train running from Hendersonville to Brevard on reaching Brevard was not turned, but run backwards to Hendersonville, which made it liable to be wrecked, and run with great danger to passengers.

Answering the complaint, J. T. Hayes, Manager of the defendant company, replied that his company had only recently come in possession of the property, but had spent over $12,000 in equipment, several thousand dollars in betterments, and were using all diligence in repairing the condition of the road-bed, replacing old ties with new, replacing wooden culverts with new, and adding new engines and cars, and that a turn-table was being built at Brevard. At a session of the Commission, November 1, 1899, it appearing from a report made by Commissioner Rogers, who had made an inspection of the road, that the road-bed, culverts and bridges were being greatly improved, and its equipment increased, and that work was going on rapidly in accordance with the answer of defendant, that a "Y" had been completed for turning engine and the company seemed to be doing all that was necessary towards putting the road in good and safe condition; it appearing that no further action should be taken, the case was closed.

W. H. MCDONALD AND OTHERS, CITIZENS OF ENFIELD,

vs.

THE WILMINGTON AND WELDON RAILROAD COMPANY.

W. H. McDonald, in behalf of the citizens of Enfield, addressed a letter to the Commission, and this was followed by numerous other letters from the citizens of Enfield, all complaining of the present schedule of trains and the need of better mail and passenger facilities. Petitioners alleged that Enfield is a town of 1250 inhabitants, 15 stores, 2 large tobacco warehouses, 7 large tobacco prizeries and stemmeries, a bank, and numerous other business enterprises, all of which were greatly inconvenienced on account of the failure to have proper facilities for mail and passengers. That only one mail left for the North and one for the South daily.

Copy of complaints were served on defendant, and an answer was filed through Mr. J. R. Kenley, General Manager of defendant company, on August 31st, saying that he would take up with his company the matter of better passenger facilities for the line between Rocky Mount and Weldon, but that nothing could be done before the fall business started up.