State ex rel. Utilities Commission v. Aberdeen & Rock Fish Railroad

The questions of fact and principles of law involved in this proceeding are in substance the same as those discussed in the companion case, State ex rel Utilities Commission v. The North Carolina Motor Carriers Association, et al, ante 432. The railroads contended, however, the proviso at the end of G.S. 62-31 gives the railroads the right to reduce rates either directly or by change in classification. Bennett v. Southern R. R., 211 N.C. 474, 191 S.E. 240. The Commission contended the proviso was repealed by Chapter 725, Session Laws of 1945. This dispute may be considered and passed on by…