The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-12-14
Roads Must Look to Pub
lie Comfort.
CONTINUED from Page Three.)


highways and the right and duty of
the governm ent to regulate, in a rea-
sonable and proper manner, the con-
duct and business of railroad cor
poration have been founded upon that
fact. Constituting public highways OF
most important character, the tulc-
lions of proper regulation by the gov
eminent spring from the fact that in
relation to all highways the duty OF
regulation is governmental in its ma
ture. At the present day there is no
denial of these propositions. The
companies hold a public franchise and
governme ntal supervision is therefore
valid. they are organized for the
public Interests and to subserve pri-
marily the public good and conven-
ience.'
IT. is needless to multiply authori-
tics. AS the United States Supreme
Court says in the last cited case, the
defendant was granted Incorporation
by the State Ito SubServe primarily the
public good and convenience If all
those Things required for the public
convenience or comfort were protit-
able per Sc to the company, cor
poratlon commission would not be
necessary to compel the adoption and
operation of such betterments. In
Spring Valley Water Works. V. Schot-
tier 10 U. 5. 347 it was held that the
Legislature could regulate gas and
water and other like companies, to fur
niSh their customers al prices to be
fixed by the municipal authorities OF
the locality, and in Railroad V. Bristol,
ISL u. S. o56 that the Legislature could
require, even as to railroads already
built, the removal of grade crossings
at railroad expense. Certainly then,
police power extends to authorizing
the State Corporation Commission to
require two railroad companies to
make connection. The Corporation
Commission, after three several in
veStigationS, has found that this con-
nection would subserve that end. The
jury, after an overwhelming array
of evidence which we have not deemed
it necessary to recapitulate or cite,
has so found. The statute clearly
gives the power, and the authorities
are beyond question that the Legis-
lature could confer it. Requiring two
railroads to make connection is the
exercise of far less power than max
ing rates or compelling the erection
of union depotS at such functions.
While we must reverse the decis-
ion below and affirm the Judgment
of the Corporation Commission, in
view of the novelty and Importance
of this class of legislation, it is Nell
to take notice of some of the excep-
lions taken by the Commission.
1t was error to direct verdict upon
the first four issues. Upon the first
issue whether it was practicable to
make connection by train No. 80, and
the second issue whether it was prac-
ticable to make connection by extend
ing the run of the Plymouth train to
Selma, there was a conflict of evil
dence, and the issues were of fact,
and (if materially should have been
submitted to the jury. More especially
was this true since the order of the
commission was presumed to be valid
and the burden was on the defendant
to show otherwise. Railroad V. MINI.
1876 u. S. 264, 267. On the third is
sue as to the practica bility of running
the Springhope train to Selma in the
four hours that it lies over at Rocky
Mount, the evidence was uncontra-
dicted that this could be done, and
there was even evidence from two
reputable witnesses which proved (if
believed by the jury) that the costs
of the extra run would be only $40,
showing a profit of SIS daily. The ex-
cuse that the engine was used for
shifting at Rocky Mount, or that be-
ing a wood burner. small stand for
wood would need to be built at Selma
the other engines being coal burners
did not deserve to be considered
ands of the public caused by failure
to make this connection. 1t follows
that it was error to instruct the jury
in response to the fourth issue to find
that the connection could only be
made by an additional train from
Rocky Mount to Selma.
The court has the power to enter
final Judgment here, and on proper
occasions has done so. Code Sec. 957;
A e.
Griffin V. Light Co. Ill n. c. 43S;
Cook V. Bank, $50 n. c. 1874. Final
Judgment has been entered here, not
infrequently, by order and without
opinion as a matter of course. In
Bernhardt V. Brown, lis \. G. 40,
it is said ''if this court reverses or af-
firms the judgment below, it may in
its discretion enter a final judgment
here or direct it to be so entered be-
low. By preference, and as matter
of convenience, the latter course is,
unless in very exceptional cases, the
course pursued, especially since the
Act of 1887, Chapter 1872" In Wilson
V. Caldwell, 121 n. G.. 473. which re-
sembles this case in being a matter
of public interest and not q Judgment
for money it was held 1.-The judgment
must therefore be affirmed, but in
view of the public interests involved,
we deem it proper not to remand the
case but to enter final judgment al
this court, which was done-ouSting
the defendant from office and seating
the relator. The Code Section 95I
provides as to this court: I'm every
case the court may render such sem
tence, judgment and decree as on in
spection of the whole record it shall
appear to them ought in law to h.
rendered thereon Rule 40 of this
court provides for "a Judgment docKeI
of this court with reference TO en-
tries as to different causes of action III
which recovery is adjudged, and Rules
80 and 81, for the issuance Of execu-
tions from this court on it's judgments.
Among many other cases in which,
final judgments were entered here il;
White V. Auditor. 126 y. G.. 5S4 and
similar cases, in none OF which the
dissents were upon the power of this
court to enter final judgment here.
The first seven issues were irrele-
want and inmaterial. The motion of
the plaintiff for Judgment upon the
verdict should have been granted.
The eighth issue, us it reasonable and
proper that for the convenience of the
travelling public the defendant com
pany should be required to make Such
connection was answered yes.
This was the only material issue, and
npop that finding alone the Judgment