French Broad hustler and Western Carolina Democrat. [volume] (Hendersonville, N.C.) 1915-1916, 1916-03-30
Supreme Court Upholds Judge Webb
In Case Of Interurban vs.. HHile |. & P. Go.
Supreme Court Reverses Former Decision Facts That
Have Been Heard Interesting Case.

(By w. T. Bost in Greensboro News.)
Raleigh, March 2.-Chief Justice
Walter Clark on judicial high horse
today sharply dissents from the Su-
prenae courts decision upholding
Judge Webb in the famous Blue Ridge
Interurban railway against the Hen,
Jacksonville Light and Power company
and Justice w. r. Allen sharply ca
him down.
The court reverses itself only in its
attitude toward the facts which have
been heard. The issues are interest
irg and involve the ownership of s.
stream which the Blue Ridge Interur-
ban condemned in an effort to gain
control of the water power. The law
permits condemnation by an interur-
ban railway, but not by a resident wa
ter company. The interurban and the
Hendersonville company claimed di-
vided interests. The interurban, ac-
cCrding to the evidence offered the
light and power company $1,000 for
its interests and the local company
testified that it offered $4,000 to the
! interurban for it's half interest.
The case went to trial and Judge
Webb charged the jury that there was
no evidence that the local company
could develop the enterprise and sub
mltted the sole issue of damages. The
local company had laid that it had a
method of using half the stream to be
DETECTED in a certain direction upon
its own property. The court held that
this is unlawful and therefore the issue
of fact was not tried
Originally about five opinions were
written. Three, Justices Brown, Hoke
and Chief Justice Clark held against
Judge Webb, their opinion being based
upon the mixed nature of fact and law,
Justices Walker and Allen dissented.
The interurban received a rehearing
and today won when Judge Brown con-
cluded that there was no evidence upon
which to go to the jury. The law re-
mains and each retains his view of the
legality.
The case has more history than this
When Chief Justice Clark wrote his
original opinion he likened the conduct
Of the big company to that celebrated
interview of Nathan and David, II
which Nathan handed the man after
God own heart about as warm re
tort as David has heart. "Thou art the
man." Judge Clark said, hkening the
conduct of the Interurban in it's desire
to gain the water power to David's
stealing Uriah's wife, and David's So
ciGl faux pas to the rich mans theft
Of the poor mans eve lamb.
The historian of those events has il
that Charley Tillett, from Charlotte
representing the Interurban, came
down here and told Judge Clark a few
things, one of which was that what the
judge said was not true. Judge CIarb
r0ked the Dukes then and does sc
again today, He revised his old opin-
lin and left out '%Thou art the man,
He inserts it today and prints thl
: whole parable, minus the direct words
of Nathan.
j" The chief justice narrates the story
OF Frederick the Great, who, taking al
the lands about for little lark balkeC
when a miller refused to sell. Tt
those who advised the conf1scation o.
the property, the great and arbitrary
Prussian said: LET the miller keeI
his mill that it may DE known there is
a law in Prussia" The rustic mil
still stands at Potsdam
No Evidence, But
Il Justice Allen gets right after Judgt
Clark whether Intentionally so or not
/ have carefully examined the recor(
in this appeal several times" he says
"and l DO not find line in it which