The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-05-12

it's schedule so No. 1876 is now due
at Selma at 2.25 .. m. The schedule
of No. 30 remains unchanged. From
the findings Of fact by the jury it ap-
pears that defendant company cannot
make close connection at Selma with
135, Southern Railway train, without
putting on it's main line an additional
train from Rocky Mount to Selma
and return.
Upon these facts and the issues as
answered by the jury the defendant
contends:
/. That the Corporation Commits
sion has no power under the Act OF
the General Assembly to compel de-
PENDANT to operate an additional train
from Rocky Mount to Selma and re-
turn for the sole purpose of connect
ing closely with another railroad com
DanYS train
g. That the General Assembly of
North Carolina has no power itself
to compel defendant to operate such
additional train at a loss. the fact be-
ing admitted that defendant is now
operating four trains daily each way
between same points, and the defend
ant contends that the exercise of such
power would he in violation of 18th
Amendment Federal Constitution.
! am Of the opinion:
8, gives to the railroad companies the
right themselves ito regulate the
time and manner in which passengers
and property shall be transported,
subject to the legislative directions
that each railroad company shall run
one passenger train at least each way
over it's line every week day. / have
been unable to find anything in the
act creating the Corporation Commits
IL Is
ly or by necessary implication repeats
such Section Of The Code. / am forced
to the conclusion as a matter of law
that the General Assembly has not
conferred on the Commission power
to require one railroad company TO
operate an additional train on it's line
for sole purpose Of making close
connection with the train of another
railway company, however convenient
such connection may be. | think the
powers conferred upon the Commits
sion and enumerated in the 26 Sub
Divisions of Sec. 2 of the Act do not
confer such authority Section q
gives the power to do Just what was
done in respect to trains 80 and 1875,
viz. that the Commission might in
vestgate the connections existing at
Slcrua between those trains. Having
decided that better and closer con
nections between those trains was not
practical, / think the Commission ex
liausted the power conferred by Leg
islature.
It is unnecessary that ! consider
second contention.
Let the order appealed from be re-
versed and costs taxed against plain
tiff, and defendant go without day
CT. II. BROWN, Jr., Judge.
Plaintiff excerpts and appeals. No
fioa .vniNa1 No hond rpu1Iirq1. The
entire evidence will be sent UP if de-
sired.
BROWN, Judge.
Judge Brown stated in reference to
this case that he was personally cog
infant of the great convenience of the
Selma connection and that he came
to such conclusion with reluctance, NJ
though conscious that it does not ma
tcrially affect the final result.
Other Cases.
Judgment was entered yesterday i'm
Superior court in favor Of S. w. Whit !
ing against the Supreme Lodge of
Knights of Honor for 1925, in favor of
George w. Wynne for $675, Jesse A.
Jones for SITS, and r. III. Bradley for
$175 These amounts are to be paid
out Of the widows and orphans benefit
fund.
In the case OF the ItdlclSh iron
Works and w. w. Mills against the
Ellington Lumber company, the ac
ton was dismissed the Federal court
having assumed jurisdiction.
In M. A. Parker q Son. against the
Revolution Cotton Mill, both parties
have till July 1st to file exceptions to
the report of the referee, Judge T. b.
Womack.
Ned Robinson, colored, was granted
a divorce from his wife, Sabina Robin
son.
Fred A. Watson was given a judg
ment Of one penny and costs against