The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1907-03-15


public may through the Attorney Gen
eral enforce the performance of such
duty by mandamus, whenever no 9th
err plain and adequate remedy exists
" =
1T is a well settled doctrine that a
corporation may be compelled by a
writ of mandamus to perform a duty
imposed by Statute. The duty need
not be express; it may be implied.
Clearly. when it appears by fair I'M
plication from the terms of the char
ter, it is as imperative as if the obi
CATION were expressed. But as to
corporations quasi-pubic in charter,
such for example as those chartered
for the carriage of passengers and
freight. there are decisions which
hold that they owe certain duties TO
the public which they may be COM
PEELED to perform. although not en-
Joined by their charters. either in ex-
press terms or by specific implica-
ton
Is ! J. j. = i.
A railroad company is bound at
common law independently of any
statute, TO use at least ordinary diii-
gence in procuring a sufficiency of
cars 10 carry all the freight rendered
lit, and certainly all that is accepted
by it for shipment"
Is s. :
There can he no doubt of the duty
IOf railway company to keep ito
road in reasonable state of repair
and in a safe condition: nor is there
any doubt OF its duty TO SO operate if
as TO afford adequate facilities for
the transaction of such business as
may be offered it, or at least reason
ably be expected. This is equally
true with respect TO passengers and
freight. AS 10 the extent or sufficien-
cy of those facilities. including the
number and frequency of trains that
is TO he Judged of and governed
chiefly by the amount of business on
the line of the road. The company.
however, is given. as il should be. u
very large discretion in determining
all questions relating to the equip
ment and operation of its road"
& 8
Every farthing of its tolls is first
to be devoted to paying the public
itax,and to the continuance of the road
its ample equipment and regular OPP
Grafton as the interests of the com.
munity. not those of the sharehold-
ers. demand. No matter that a divi-
dend is never paid. that the private
investment is sunk and worthless.
that the interest upon its bonds is
not met, and that all its creditors go
UNPAID. every dollar of it's earnings
must nevertheless be applied to keep
up its maximum efficiency. as re-
Iuuired by the political power in the
law which created it. The neglect OF
the smallest of these duties in which
the community is interested will he
enforced by the public writ of man
damus'
There is also imposed by law upor
a common carrier railroad company
the duty TO receive and transport in
a reasonably prompt. safe and con
venient manner and without uniuS
discrimination, all passengers anC
freight properly offered to it for car
riage
Where a railroad corporation under
, takes 10 render 10 the public the ser
I vice of common carrier it is in Law
| primarily and essentially charges
= with the duty and burden OF provid
a ing reasonably adequate and prope
= roadbed, track, motive power, equip
! ment and facilities for the service re
Z 0UlTPQ. anu Dl MAINTAINING anu DDHl
{ ating its property so as 10 render L
= the public without unjust discrimina
ton a reasonably safe and adeQu8t
E service.
!;
5 The power and duty Of a State {
I requirte the property OF a commo
= carrier corporation devoted TO tn
g jpublic service within its borders I
r be maintained in q reasonably SAT
f land adequate condition, and to b
v properly operated for rendering III
Y lpublic service to which the propert
y is devoted by its corporate owner
n ARE inherent and reserved in n
y State for the necessary protection
r and benefit OF the lives and propert
n within its territory.