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SEABOARD R. CO. v. DANIEL

No. 390.

333 U.S. 118 (1948)

68 S.Ct. 426

92 L.Ed. 580

SEABOARD AIR LINE RAILROAD CO. v. DANIEL, ATTORNEY GENERAL, ET AL.

Supreme Court of United States.

Decided February 16, 1948.

Attorney(s) appearing for the Case

W.R.C. Cocke argued the cause for appellant. With him on the brief were J.B.S. Lyles, Harold J. Gallagher, Leonard D. Adkins and James B. McDonough, Jr.

Irvine F. Belser, Assistant Attorney General of South Carolina, argued the cause for appellees. With him on the brief were John M. Daniel, Attorney General, and T.C. Callison, Assistant Attorney General.

MR. JUSTICE BLACK delivered the opinion of the Court.

The constitution and statutes of South Carolina provide that railroad lines within that State can be owned and operated only by state-created corporations; a railroad corporation chartered only under the laws of another state is forbidden under heavy penalties to exercise such powers within South Carolina.1 There is a way, however, in which...

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