The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-04-22

vice corporation act, ano as eucn 70
su btect to control and regulation oyl
thu Public Service Comm issson.
Recently citizens OF Scarbro, Fay
Iette county appealed to the Public
Service Commission to have the lat
tier compel the White Oak Fuel Com
lpany furnish electricity for donestie
purposes TO one Wingrove and 9th
lers, living In the town OF Scarbro.
lWingrove and several other citizens
! of the town had some differences
with the fuel company and the COM
ipany cut on the electricity, claiming
they could furnish light 70 Whomso-I
ever they chose because they were not
a public service corporation Win
grove carried the case to the Pubic
Service Commission which sustained
the position taken by the fuel COM
ipany. WingrOve then took the case
Ito the supreme court OF the state
which reversed tho Public Service
Commission, holding in the last syA-
labus OF the case as follows:
When the Public Service Com
mission under a MISREPRESENTATION as
to the law, refused an applicant re-
lief against a public service corpora
ton TO which he is entitled, ana The
proceeding Is transferred TO las
court by petition under section 10 @
said act, this court. upon hnal lar
ing and decision of the matter IN
controversy, VIII suspend the oroer
iof the commission, refusing the re-
lief. and award a preemptory writ OF
mandamus against such commission,
equiring it to render the service
| denied or perform the act wrongFul-
lily omitted by it.
The court also dissolved the m
| junction and remanded the cause IN
the case of Speeden ct al vs.. the
Board of Education ct al from Ma
RON county. The opinion was writ
fen hy Judge PofenibargeT As was
/ that reveHsing the Public Service
Commission.
/ The syllabus in the Marion county
case was as follows:
defining the limits of the Independent
schooI district Of Fairmont and pre-
aerYbiHg the duties AID poHzers OF iss
board of education, authorizes the
! esta blfehmeEt and maintenance OF q
school or department OF education Ii
the theory, art and practice OF teach
ing.
subjects of practice in teasching. by
student teachers, under the immedi-
!! ate. direct AL personal control OF
! their regularly employed teachers
and IN the regularly prescribed
course, of study of such pupils, in
wolves no invasion or violation Oh
their legal rights
so long as = public goveralnI es
boiy acts within the limits of rs
| legal powers and jurisdiction, the
| exercise of its judgment and discre-
tion Ia not subject to review or con-
troll by the courts at the Instance OF
citizens. taxpayers or other interest,"
ed persons, in the absence OF STAT
ute authorizing it,
other cases decided are as fol-
lows:
county. Affirmed.
Railroad Company vs.. Brown .
heirs, from Preston county. Re
versed and remanded.
Batten vs.. Lowther, from R1tchie
county. Affirmed.
White vs. Mccullough, from ONO
county. reversed and remanded. !,
Drum VS.. Rose, from Marshafi
Hail VS. Philadelphia Company
from Lewis. county. Affirmed
George vs.. TFf4State Gas Com
pany, from Brooke county. Afnnm-
Hall ct al vs.. Pafladelphia Com
pany, from Harrison county re
yerse5 verdict new trial awarded.
RILEY vs.. Patterson. from Mlngo
county. Affirmed.
Lantz vs.. Fumlin, from Mononga-
liza county. First decree reversed
second decree affirmed and cause re-
AAlS ron ~ works vs. Savings Bank,
from ohio county. Judgment re-
versed costs in favor OF the United
states Fidelity and Guaranty COM
pany.