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he know of the existence of any such agreement. The testimony clearly shows that this is a public crossing, was established where it is long before A. Barnado owned the property, and is not there for his exclusive use.

The Southern Railway Company objected to placing another grade crossing at this point but its Superintendent offered to establish another grade crossing, twenty-four feet in width, just north of mile post W-93, at the dividing line of the property of said Mrs. Nannie J. E. Foster and her brother, the said A. Barnado, and pay the expense thereof, if the other public crossing opposite the residence of said A. Barnado should be done away with and abolished by the Commission.

It was further shown that to re-locate the present crossing and place same at the point designated (centrally located at the common property line of the said Mrs. Nannie J. E. Foster and the said A. Barnado), the said A. Barnado and others using the crossing to pass from the highway across the Southern Railway Company's tracks to the residence of A. Barnado would only have to travel north 280 feet further than is traveled at present to reach this proposed crossing; while the said Mrs. Nannie J. E. Foster and other desiring to use the crossing to reach the residence of Mrs. Nannie J. E. Foster would be saved a like distance in reaching the same, and that a crossing at this dividing line would be more convenient to the parties interested and to the public in general.

The Commission, regarding its duty to be equally fair to all of the public, and at the same time to place as much safeguard at grade crossings as is possible, and realizing full well that the increased number of grade crossings increases hazard to human life and property, could not consent to the establishment of crossings three or four hundred feet apart at ordinary country or public highways, and in this instance the inconvenience to be borne would be so slight that the Commission feels that it could not go in any court and maintain its position of establishing an additional grade crossing when the re-location of the present crossing will bring the desired results to the public at large. Taking into consideration these and possibly other facts, the Commission issues the following order:

IT IS ORDERED, That the public crossing as shown on blue print hereinabove referred to and now on file in the office of the Railroad Commission, and known in this case as "Exhibit A”,

which runs from the public highway across the tracks of Southern Railway Company, opposite the residence of the hereinbefore mentioned A. Barnado, is hereby condemned, ordered to be eliminated and abolished, and all approaches to same be torn up and removed, and that in lieu thereof the Southern Railway Company shall and is hereby ordered to, within thirty days from date of this order, establish a road crossing twenty-four feet wide just north of mile post W-93, at the property line between the land of the said Mrs. Nannie J. E. Foster and the land of the said A. Barnado, so that the said property linė shall be the center line of said road crossing, leaving twelve feet thereof on each side of said property line, which road crossing shall be and is established by this Commission to run from the public highway across the tracks of Southern Railway Company at said point for public convenience for the benefit of the said Mrs. Nannie J. E. Foster, and the said A. Barnado, as well as for the general public so that all parties desiring to use this crossing may have access across the tracks of the Southern Railway Company to the public highway at said point.

IT IS FURTHER ORDERED, That the cost and expense of dispensing with and eliminating the public highway opposite the crossing of the said A. Barnado, aforesaid, and the establishment and maintenance of a public crossing at the property line aforesaid, shall be borne by the Southern Railway Company.

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

FRANK W. SHEALY, (Seal)

Chairman; JAS. CANSLER,

Commissioner. J. P. DARBY, Secretary.

Columbia, S. C., November 26, 1920.

ORDER NO. 225.

In re Overhead Bridge Just North of Dead Falls Crossing, South

ern Railway. At session of the Railroad Commission of South Carolina, at its office at Columbia, S. C., November 24, 1920, Commissioner

James Cansler made the following motion, which was unanimously carried:

"I move that upon request of the Greenwood County Highway Commission the Railroad Commission of South Carolina rescind its Order No. 203, of date June 10, 1920, relative to construction by Southern Railway of Overhead Bridge near Dead Falls Crossing.”

Therefore, IT IS ORDERED, That Order No. 203, of date June 10, 1920, is hereby rescinded. By order of the Commission.

FRANK W. SHEALY, (Seal)

Chairman. J. P. DARBY, Secretary.

Columbia, S. C., December 22, 1920.

ORDER NO. 227. In the Matter of Increased Rates for Telephone Service Furnished by the Home Telephone Company in the City of Georgetown, S. C.

The Home Telephone Company:

This matter was brought before the Commission on December 18, 1920, on petition of a great majority of the subscribers served by the Home Telephone Company at Georgetown, S. C. In addition, resolution was passed by the City Council of Georgetown on December 20, 1920, requesting the Railroad Commission of South Carolina to grant the increase asked for in the petition. This resolution was certified to by the City Clerk under the corporation seal of the city of Georgetown, S. C.

The Commission has gone into this matter thoroughly, has given due consideration to the petition of the Home Telephone Company, its subscribers, the resolution of the City Council of the City of Georgetown, and agrees with the contention of all parties at interest that if the Home Telephone Company is to render efficient service to its subscribers under conditions existing at present it is necessary that the proposed increase in rates for service through its Georgetown exchange be granted. Therefore,

IT IS ORDERED, That on and after January 1, 1921, the legal rate for telephone service furnished by the Home Telephone

Company through its exchange in the City of Georgetown, S. C., shall be as follows: Special line business telephone

.$4.00 per month Duplex line business telephone

3.50 per month Special line residence telephone

2.50 per month Duplex line residence telephone

2.00 per month For rural telephone service a minimum change of $3.00 per month per line of six telephones on each such line and 50 cents per telephone per month for each additional telephone over six telephones on lines of this kind.

IT IS FURTHER ORDERED, That all rural lines not owned by this company, but owned and maintained by others and commonly known as "farmers' lines,” shall on request be connected with the lines of the Home Telephone Company at the city limits of the city of Georgetown, S. C., and shall be cared for by said company at rates above set out.

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

FRANK W. SHEALY, (Seal)

Chairman;
H. H. ARNOLD,
JAS. CANSLER,

Commissioners. J. P. DARBY, Secretary.

PART II.

General Rules of the Railroad Commission of South

Carolina

Subject to change Without Notice

COMPLAINT AND ANSWERS. Rule No. 1. All complaints or petitions to the Commission must plainly and distinctly state the grounds of complaint, the items being numbered, and clearly set forth in writing.

In like manner, all defenses must be distinctly made in writing, and the items correspondingly numbered, as above stated.

These specifications, whether of complaint or of defense, may be accompanied, if the parties so desire, by any explanation or argument, or by any suggestion touching the proper remedy or policy.

The parties may also be heard in person, or by attorney, or by written argument, upon such written statements being first filed.

AFFIDAVITS REQUIRED. Rule No. 2. When expressly ordered, upon the hearing of any cause that may hereafter come on to be heard before the Commission, the respective parties shall present the testimony of their witnesses by affidavits, in like manner as the same are now by law required to be submitted upon the hearing of applications for injunctions.

COPIES OF AFFIDAVITS TO BE FURNISHED OPPO

SITE SIDE. Rule No. 3. All affidavits, intended to be offered by either party, shall be served upon the opposite party, his counsel or agent, having control of his case, at least five days, and all counter-affidavits at least twelve hours, before the day for their hearing. This rule of procedure will be varied only when, in the exercise of a sound discretion, this Commission shall be of the opinion that a departure from this letter thereof may be necessary to the attainment of substantial justice.

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