State v. Southern Railway Co.

Summary

The court upheld the constitutionality of North Carolina Code section 1973, which prohibited the running of certain trains after 9:00 a.m. on Sunday. It held that the statute was a valid exercise of the state’s police power unless superseded by federal legislation and affirmed the defendant’s conviction because the evidence did not establish necessity for operating the train after the statutory deadline.

Holdings

1. North Carolina Code section 1973 was not unconstitutional merely because it incidentally affected interstate commerce; it validly prescribed a rule of conduct for persons within the State under the police power.
2. The interstate character of the freight train did not exempt Southern Railway from section 1973; the statute remained enforceable unless Congress enacted superseding regulations governing the running of interstate trains on Sunday.
3. A railroad charged under section 1973 could avoid liability only by proving that operation after 9:00 a.m. was undertaken under the stress of necessity to preserve the health or save the lives of the crew or relieve severe suffering; Southern Railway failed to make that showing.

Questions Presented

1. Whether North Carolina Code section 1973, prohibiting the running of freight trains on Sunday after 9:00 a.m., was unconstitutional as applied to a train carrying interstate freight.
2. Whether the interstate character of the train exempted the company from the state Sunday-train statute absent superseding federal legislation.
3. Whether the evidence established a necessity sufficient to excuse operation of the train after the statutory deadline.
4. Whether the trial court properly refused the defendant's requested jury instructions and directed the jury that the evidence established guilt.

Disposition

affirmed