The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-09-13

SUSTAINED
COURT REFUSES PETITION FOR
SUSPENSION OF PUBLIC SERV-
ICE BOARDS ORDER.
City OF Bluefeld Ana Royal Glenn Land
and Lumber Company
Petitioners.

Charleston. w. Va. Sept. lc.-The
Public Service commission was upheld
in two decisions handed down today by
the supreme court of appeals, each re-
fusing petition for suspension OF IN
order OF the commission. The city or
Blucneld was the petitioner in one case
and the Royal Glen Land and Lumber
Company In the other. Two opinions
relating to the power OF the country or
ficers were also among those handed
down.
j. In the case brought by the city OF
Blucflcld which asked suspension OF an
order granting an increase Of rates TO
the Blucfield Water Works and I'M
provement Company. the court held that
an appeal still pending In previous
rate case now before the United States
Supreme court did not deprive the COM
mission OF jurisdiction in the new case
which Il held was n separate action
The company did not take advantage or
the first increase granted September l.
1921, but appealed first to the state
supreme court and later to the supreme
court Of the United States. On March
80. the company applied for tcmp"r-
AIRY increase, which was granted con-
ditional upon furnishing an adequate
supply Of water to Bluefield consumers.
This increase the city sought to nave
set aside but the court held that under
II mnndamus writ granted July II,
ordering the company to furnish the
supply called for by the commi ssion's
order It had received no notice that the
supply was not being furnish and
therefore must assume that the writ
had been complied with.
No Jurtsdictdon.
In tho othar involving tho DuD-
lie service comm! ssian n permit to con-
struct a dam on the south branch OF
the Potomac river at Royal Glen, near
Petersburg. tho court held that 1t had
no Jurisdiction. The Royal Glen Land
and Lumber Company and John Parks
appealed 10 the supreme court but the
opinion held that under the Water Power
Act of 1915 there could be no appeal
directly to It.
a county court had no discretion In
making provision for paying county
agent. when the pay of the later had
been agreed upon between group OF at
least $50 farmers and the agricultural
extension division OF the state uniVer-
sity. the supreme court held In an
other decision, in the case OF w. H.
Cokeley and others against w. P. Ire
land and others. The case Is the same
IN winch WIFI OF
granted July 81, ordering the county
court Of Richie county to pay one half
the salary Of D. w. Mcfarland. county
agent
The other half was paid by the asri
cultural extension = division and the
county court offered to pay 800 but
refused to pay 1925 a month. or one
half of the $3.50 salary, Tho court held
that the law compelled the county to
make the payment
Another decision affecting county Of
fic!erS was the opinion in the case Of
the state ex rel Walter 8. Hallanan.
state tax commissioner against E. b.
Rookie, assessor. In this action the
court on June Is ordered q writ OF
mandamus compelling Mr.. Rookie. As
SCISSOR for Fayette county, TO turn over
his books to g special assessor appoint
ed by the tax commissioner, after the
alter had held that the assessor WAS
falling to assess property at its true
and actual value" as required by law
In tho opinion on this case, the court
held that reading tho law creating the
office Of assessor In connection with
the requiring equality of assessment Tor
taxation purposes. the elected assessor
was an agent Of tho legislature and was
subject to supervision Of that body
through another officer