Newspaper Page Text
CAN COMPEL CONNECTIONS.
The Court Holds, in Effect, that th(
Railroad Commisslon May Roquir(
Railroads Operating in the Stat(
to Adjust the Train Schedules sc
as to Accommodate Passengers or
Other Lines frora Any Particula:
Part of the State.
Washington, April 29.-The Siu
preme Court of the United States to
day deci(led in effect that the rail
road1( commissioners of NYorthi Car.
olina canl compel a railroad comipaii
operatinii- in that state to so adjust it
schedule as to accommodate passon.
gers oil otlier lines from any parti
cular parl of the State. Tht(e opiniom
was delivered by Justice White i1
the case of, the Atlaintic Coast llAn
I?ailrohl Compan y v versuis the cor.
p(ratioil eunmi:S4ion of, Nortlh Car,
olina. The ca-.se arose out of' an orde
issued bY the commissioners directin;
Ilhe ralodcomlpany to mahe11 conl
nectimn at Selima, N. C., at 2.25 )
m., witi a train on another liie run
uing from tlie eastern part of thii
state, witi the obijet of accommodat
ing ipasselngers whose destilnatiol
was Maleigh. Thle railroad comipan;
resisted the order on tlie ground tia
it could not be complied with wit.h
o(t putting oil a specelal train wiiel
wou1l involve extra expeniso. Thii,
it WaIs contemded, amounted Io Iak
ing property witholit due proces (1
1-a W. Ille omii n, justifie4l it
Course oi tlie grund that compliiianc
wit hi the order was necessarv to ae
C0ommo110d(ate a large part of Ile public
The Supreme Court of Norti Car
olinm held aga,-,inst thle railroad comll
pany and its decision was atfirmie<
by today's action of the Suprem
Court of the United States on th,
grolld that the order of (lie commis
sicin does 110t affect the rates but is .
proper Act of state reguilation.
Justice Whbite (isciussed at leiigtl
the contention of the railroad eom
pany that the ease involved rates i
any way, and said:
'his does not involve enforce.
mnt by a state of a general sehiem
of maximinl rates, but ol v whletlie
anll exercise of stale :11hority to Com
pel a carrier to pl'orm a partictl
al aiid spvcivied duty as so itiler
eily unjust an1id illIeasonable as tb
amiut to the deprivation of' proper
ty without ite process of law or .
denial of (lie (lal protection of ih
laws. In1 a case involving the vali
dity of anl order enforeing a svicn
of maximum11 rat11 s, con-se. tit
fill in l) that the viinforcelinit it siell
s'cleme will not proiluce an adequalc
retirin for 1thc oiration of tlhe lrail
road, in and of itself, demonstrate:
tle uInl reasonableiess of tle order
lSuch. however, is not tle ease wlei
tihe question is as to the validity o
all 1 ord(er to do a particular Act, tihi
doin"lg of which does not. involve fih<
question of the profitableness of thi
operation of the railroad as an en
tirety. B3ut even if the rule applica.
ble to ani entire rate scheme wvere t<
be hlere appllied, as thle findings madi
below as to thle inet earnings constraiit
ciationl would resiul t frcm tile genl
eral operation of the ratecs in force
even1 ail bow lg for anly loss occasion
wo.ul liio hi' tinl eas'iahl it t estect
I),v the (doe nlile alaiillne(I inl Smi~tl
verstus A iiies alld( I 1icIl( eases.
*11 dloc's not direitlyv i lvolve ai
quest iou whteve'~r ofi the poweri' Ii
fix matIes and the conlstituiitioinal li
mlitat ion cont roinezw the( exe'rciscs o
that power. hl is concredi soli':
with an:i. ordelr directingL a earlier ti
furnish a f'acility,. which it is a par
of its 'genleral diutyv to Iiurnishi fcir 11n
publ)1ic conivenience. The d istinc'tioi
betweencx an ordler relatIingl to suiei
a subject and an1 or'der fixing rat e
coing withi 1 e1 ithe1r of thle hlypiotthesi
which we hlave stat ed is appa ret
Th' i is so1 brean 'se as thei 1primal1 d ut
oft a1 (arrier(i is toi hunishi aude'plate
so1, as all inicit, soie iienniari;i
l oss from rende1( irin such1( serv ice' ma:ii
trcsiilt. Tt ('ollo ws, t.h'eefore, (liat
thc mere inururinie of a loss from tk
per'formIan('e ot siulh a doty doe's 110
n ess t asc w oi il l i i illeta s w( 0 tllle lil
w hole sc'hemei iif rati's was nor1i'iason
able undeilr thle doci(trin1 of SmIyti
ver'sus Ames,5 ior undler b,e conlces
sions imade ill thle two propositIiomi
we have stated. Of course ('le fac'
~,hat the furnish of a necessary facil
ity ordered may occasion an inciden.
tal pecuniary loss in an importan
criterria to l)e taken into view in de
termining the reasonableness of thu
order, but it is not tile only one.A
the duty to furnish necessary facil
ities is co-terminous with the power
of the corporation, the obligation t(
discharge that duty mulst be consid.
ered in connect ion with (lie natur<V
no. neh11(11iottiven1055 of (ihe enerab 11
bisinless as a whole, the character,
mI-cyrelired and( thie puibli(I 1
for its, perf'orman,1co.''
Big Shark Boards Steamer.
hildmiicpiieia correspondence of
New York Herald.
A t.wo htours battle with a man-<
ing shark, fifteen feet long, that,
been washed on deck .by a gicvga
wave during a storm, was the uinu
experieice of Capt. Laseii and er
of theL Norweian steamship Mi
whtichi arrivedi here today from sa
Domitngo with a eargo of bantal
Capt. Larsen preserved the ion
shark and fifteen little ones,' CIAe
foot long, foui( in the man-enter.
siles thie( little sharks, six large si
pinl"' t . ti's, a s h ttw 111( it
labeled ' "fish ball nIat'' were foi
. in tle shark.
- The shoik was washed aboardA
:H)mdolt Wednevilsdlay, whiile (h1
si1 was (df, 11.11ternas. The sea
voi--1r1mh,1 I'l hne waves wse
i I dlck. SIenl v the Ilolo si
- ped a gi-antie wave, a11(d whell
wa ter left the deck trie crew w
astonislhel to see te big shark fl
I pinl.". aroundl ol the deck.
The captain an(I every member
the crew at the shark with irons,
- several times they were put to rli
i when the shark got close to then
, flea'n ro t
At.1er proddilg tie shartk abolut
hor tle crew believe(I the, man-ev
wzas dead, and draIngge I it to the
ter-part or tihe steamliship. The
- eotiuedile to w%-IsI over (lie deck.
inl a few minutes tihe tionster
battle again, ad it was mti i
- anotler hour befo it was 1iim
Southern iFarm Magazine of i
Imore for May.
It is estimated that within the I1
S41) years at least 2,000,000 nati
of tihe soith have ma,1de their Itoh
elsewhere, and that at present hil
are nt least 1,500.000 of ticeiml abs
from tie South. The deicit is he
ntlatie 11l by 1 consta1t accel(-.oat
inoveltellt of mel (i o(i th parts
t he nr4 ill r i . oward the Soltil at
nit' of het wven 200.000 aid 3011.
I er hanks to a lon-sin, i I
andinellget camtpaitgn made lati
by the railroads of' t suth. 'i
mlovemlenit is boundl( to overvomle 1,
great extent the restlessless of Sot
e-eners withinl thc( soith.
How reat that restlessiess
turing the last hi <u it ' fi' h li
teenth centulry is sut) ed-t( by
'act that in 1900 while 1,:26:3.624
tives of tlie 14 Sotiheni states
(he District of Coliima were liv
iin States wIlere they. had not h
horn1. tilie 14 states and th Dist
latdI within their borders otlY 3,4;
36S natives of otlier states thatn
slate of their residence, a bala
aggreg'ating 907,256 against ind
dual sttes. The untfavorale( bala0
of ag'grieg'ating 2,065,460 was agai
ninie states, as follows:
Virginia, 453,143; Kentucky. :
415(3; Tettnessee, 297.522; N. Caroli
244,335; Geor'gia, 210,771); Ro
I(.'Carol ina, 173,076; Alabama, 161,1
Mar'yland, 1.05,145, anti Mississi1
78,889. Ag'ainst this slhculd 1e sc
I ohni a,i as f'ollows: Texas,z ti:'t,
Arikantsa-, 233,114-I; l'i da, 1 25,2
Wick Blue Fla
Its heat is highly concentra
011 always at a mnaintainet le
It not at your dealer's, wri
of bras. throughout and bea1
fectly constructed ; absolute,
light-glving power ; an orn
Every Iamp warranted. If
write to our nearest agen.y
of I)istrict of Coilmn1ha., 103,751: W
cid Virginia, 48,A5:1, anid ottiiana, 27.01
lad A pound of' cantdy will go fai1
itie witl a woman l:han a1 tonl of arl
i.1y A Woi.n is 11,1 alWvlys sure
ItI (htildrenl are tle smartest inl to
ins. 1ut1 site ever Ia- any doubt abq
ter their being tle most truthful.
XOS A leaflet explaining hov to got the,
VVr will be found in every package of
a p THE DAINTY DESSER'
(Approved by Puro Food Comimiusioners.)
(or! A lO0.6packag
bit of Jell- Inak(
. ~ enough dessert fc
a large family.
n - Sold by all grocer
- Book Free.
an The Genosoo Pure Food Co., Lo Roy. N.Y.
SrVisit our booth fat Jamnegtown Ex postition.
the COn.raC fC
your nc.)w bUiHC
ast ing see W. T. Li
Singstoni. B e s'
AS Plant Wood's
" Garden Seeds
na i FOR SUPERIOR VEGE
I t1d TABLES & FLOWERS.
Twenty-eight years experience
-our own seed farms, trial
grounds-and large warehouse
let capacity give us an equipment
that is unsurpassed anywhere
tIhe for supplying the best seeds
obtainable. Our trade in seeds
both for the
9- Garden an Farm
ni ee is one of the largest in this country.
list We are headquarters for
Grass and Clover Seeds, Seed
0,- Oats, Seed Potatoes, Cow
na Peas, Soja Beans and.
other Farm Seeds.
Wood's Descriptive Catalog
10 ~ gives fuller and more complete infor
mtion about both Garden and Farm
Seeds than any other similar publica
a to Issued in this country. Mailed
I free onm request. W~rite for It.
T,W,Wood & Sons, Seedsmen,
ftul Oil Skeve
from all others. Em
bodies new ide as,
Reduces fuel ex-.
pense. Ready for
business at moment
of lighting. For
your summer cook
ing get a
e Gil CooI-Stove
Zted, Does not overheat the kitchen.
vel. Three sizes. Fully warranted.
to our nearest agency for desCriptive
rm. is the best
household use. Made
stIfully nickeled. Per
y sate; unexcelled in
ament to any room.
not at your dealer's,
AA- F L&' J6F AN JU VT IJ*
When you need Medic
take the best, and it st
prepared. We have v
Pelham s Dri
and guarantee all
goend to us your Presc
th) highest quality Drugs ar
I promptly. We prepar<
a any Doctor in Newberry Cot
Our Spring Tonic is a rai
t that tired feeling so many ta
P verything for the home ir
Wm. E. PELHA
? ~ A True beauity c'onsists n~ot in ec
but in aj,(ppopriteness, .in<! t}e hi
'.t m; oL et m .'ay be desci
Is this true of the walls in you;
If it is not, you can make it so.
make them appropriate by m-1kir
reflect your own) taste; you cai
them "simply beautiful'' by usinj
The SanitaryWall Coating
-Alabastine makes walls look better and last longer,
mhore hygiemec than any other wall covering. Yet Alab?
tha ismxed wih cold wae and po vLera
fro readin this ad, ht <~l dtor i or eir i
rs eho yte inIattiful tints and stoneiled
be made with it--let us
Alabastirne is, dn e e.t
ly what it will do.ebe
UdlRir Rif lai
ines, you should
iould be properly
fhat you need at
that we sell.
,:riptions; we employ
d Chemicals, and de
D prescriptions from
Pid seller. Good for
i Toilet Articles.
M Ur OON,
Newberry, S. C,
ST e AIN UUMtSINED
-: /ood W~ork,