1919, asking for the rescinding of Commission's Order No. 174, of date January 3rd, 1919, the Commission ordered a hearing in Charleston, S. C., on June 19th, 1919, at the hall of the Chamber of Commerce in the City of Charleston, at which the parties interested might appear and protect such interests as they might have in order above referred to. The Commission did meet in the City of Charleston at the time and place above named, and at a full hearing between counsel and others representing the Charleston Consolidated Railway and Lighting Company and a committee representing the Navy Yard employees, consisting of Messrs. T. W. Young, S. E. Burns, C. H. Schroeder, A. N. Hair, J. B. Laman, J. M. Cantwell and Miss Chisolm, much testimony was taken by the Commission from both sides to the controversy. After due consideration of the testimony produced at this hearing by both sides, the Commission is convinced that sufficient improvement of the service has been made by the railway company to warrant the rescinding of the Commission's Order No. 174:

THEREFORE, IT IS ORDERED, That Order No. 174 be and the same is hereby rescinded.

In re Preparing Trestle at Mile Post V-37.6, About Two Miles East of Prosperity, S. C., on Southern Railway, for a Highway Underpass, as per Blue Print Now on File in the Office of the Railroad Commission.

Heretofore the Commission has had several conferences with the proper officials of Southern Railway, the Supervisor of Newberry County, South Carolina, in which county this underpass is to be located, and the South Carolina State Highway Engineer or his representative. At the last of these hearings it was decided that General Superintendent H. L. Hungerford, of

Southern Railway, and State Highway Engineer Pennell would consult with each other and if possible agree upon some amicable adjustment of this matter, but from letter now on file with the Commission from General Superintendent Hungerford, of date July 10th, 1919, also letter from State Highway Engineer Pennell to General Superintendent Hungerford, of date July 14th, 1919, as well as the letter to the Railroad Commission of South Carolina from State Highway Engineer Pennell, of date July 14th, 1919, it appears to the Commission that it has been impossible for the parties at interest to agree upon any satisfactory proposition in connection with the underpass proposed by the State Highway Engineer.

After due deliberation, such as in the opinion of the Commission this matter is entitled to, the Commission finds itself placed in an unenviable position in which it must act upon its own initiative, which it proposes to do without prejudice to anyone.

In view of the above facts, as well as the further consideration that quite a number of dangerous grade crossings over tracks of Southern Railway have been eliminated by the State Highway Engineer, and that such procedure must necessarily result in great benefit to the aforesaid mentioned railway company, the Commission has agreed to issue the following order:

IT IS ORDERED, That Southern Railway Company shall put its trestle at Mile Post V-37.6, about two miles east of Prosperity, S. C., in proper condition to allow the passing under said trestle of the public highway now in course of construction, as per blue prints now on file in the office of the Railroad Commission of South Carolina, allowing sufficient space under said trestle to permit the construction of a road at least twenty feet wide at this specific point.

ORDERED FURTHER, That the work above referred to shall be commenced within thirty days from date of this order, unless otherwise ordered by this Commission.

Columbia, S. C., July 23rd, 1919.

ORDER NO. 182.

In re Service-Greenville & Western Railway.

Mr. R. A. McTyer:

Mr. H. C. Waller:

The Commission has received information that the Greenville & Western Railway, from Greenville to River Falls, S. C., was recently sold under order issued by the Federal Court of the Western District of South Carolina and was purchased by yourselves or by some company which you represent. We are also informed that you propose to and have discontinued service on said Greenville & Western Railway, and that you further propose to tear up this line of railroad and move it away, thereby depriving the people along this line of the advantages such as this road is expected to afford.

Action of this kind on your part, if true, is being carried out without the consent of this Commission, and in order that the Commission may investigate and see for itself if all the laws pertaining to the discontinuance of service and the removing of a railroad have been complied with,

IT IS ORDERED, That you, or either of you, or the company which you represent, or your or their agents or assigns, be and are hereby ordered not to disturb the present roadbed and track of said Greenville & Western Railway, and if service has been discontinued over said road that you report to this Commission without delay your reason for such discontinuance. This Order is peremptory and effective immediately. FRANK W. SHEALY,

Columbia, S. C., July 31st, 1919.

ORDER NO. 183.

In re Stopping Certain Trains at Green Pond, S. C., as Well as Train Service From Walterboro, S. C., to Green Pond, S. C., and the Extension of Passenger Train Service From Walterboro, S. C., to Ehrhardt, S. C., on the Walterboro Branch. of the Atlantic Coast Line Railroad.

Atlantic Coast Line Railroad:

As per previous arrangement, the matter of stopping through trains at Green Pond, S. C., as well as train service from Walterboro, S. C., to Green Pond, S. C., was heard by the Commission at Walterboro, S. C., on July 10th, 1919. and the question of extension of passenger train service from Walterboro, S. C., to Ehrhardt, S. C., was heard at Ehrhardt in the afternoon of the same day.

At both these hearings the complainants were represented by counsel and others interested, and the Atlantic Coast Line Railroad was represented by some of its officials and by General Counsel P. A. Willcox. The Commission took quite an amount of testimony, especially as to the Walterboro complaint, and after much deliberation and consideration of existing conditions from all angles, the Commission is agreed that the following order is just and equitable.

IT IS ORDERED, First. That Trains Nos. 82 and 83 stop at Green Pond, S. C., on flag for the purpose of taking on and letting off passengers.

Second. It is further ordered that when train No. 41 is delayed and will arrive at Green Pond after train No. 85, then No. 85 shall stop on flag at Green Pond for passengers for Savannah or south of that point, provided that before No. 85 shall be stopped as above set out, the passenger or passengers desiring to board No. 85 at this place under conditions as above set out, shall notify the ticket agent at Green Pond of such intention. Under such conditions, when requested, the agent will signal No. 85 to stop.

The Commission's contention is that train No. 85 passing Green Pond before local train No. 41 arrives at that place would prevent a passenger that had intended to take No. 41, go to Yemassee, then board No. 85 at that place for Savannah. If

No. 85 is not stopped as indicated herein, then a party might come from Ehrhardt or other station along this line all the way to Green Pond and find himself unable to reach Savannah and return the same day on account of No. 41 not being on schedule time, but under this arrangement he is enabled to make the same connection he would make if he were to take train No. 41. Train No. 85 must not be stopped at Green Pond for passengers when No. 41 will arrive at Yemassee ahead of No. 85.

Third. It is further ordered that the present passenger train that lies over at Walterboro for the night, be extended to Ehrhardt, which is the terminus of this road.

Fourth. It is further ordered that the schedule of the passenger trains on the Walterboro Branch shall be arranged so as to leave Ehrhardt in time to make connection at Green Pond with train No. 41, and remain at Green Pond a sufficient length of time to make connection with train No. 44, returning to Ehrhardt and waiting at that point until such time as will allow this train sufficient time to go back to Green Pond and make connection with No. 45 from Charleston, and remain at Green Pond a sufficient length of time to connect with No. 42 from Savannah.

Fifth. It is further ordered that on account of the many dangers attached to passenger service on freight trains, the Atlantic Coast Line Railroad shall have the right, if it so desires, to discontinue the present passenger service maintained on its freight trains operated over this line. However, if the company desires to maintain this service, this Commission will not object but it does not deem same advisable or necessary.

This order to remain in effect until further orders of this Commission.

FRANK W. SHEALY,

Chairman;

H. H. ARNOLD,

Commissioner.

I concur in the above order except that portion that relates to the stopping of train No. 85 at Green Pond, S. C.

(Séal)

J. P. DARBY,
Secretary.

JAS. CANSLER,

Commissioner.