CITY OF COLUMBIA v. TATUM et al

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Docket Number

13953

Attorney(S)

Messrs. John M. Daniel, Attorney General and J. Ivey Humphrey and J. Ingram Wilson, Assistant Attorneys General, for appellants, cite: Statute as to public utility construed: Section 8252, Code 1932; 139 S.C. 107. Mr. J.B.S. Lyles, for respondents, Columbia Railway, Gas Electric Co., and Broad River Power Co., cites: As to jurisdiction: 55 S.C. 198; 146 S.C. 496; 144 S.E., 233; 253 U.S. 287; 64 L.Ed., 908; 276 F., 327. Right of city to improve streets: 146 S.C. 436; 144 S.E., 157; 229 U.S. 39; 57 L.Ed., 1056; 157 S.C. 1; 153 S.E., 537; 27 F.2d 52; 166 S.C. 207; 164 S.E., 637; 130 S.C. 125; 125 S.E., 295; 51 C.J., 7; 248 U.S. 372; 172 S.E., 130. Messrs. Paul A. Cooper and Joseph L. Nettles, for respondents.

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CITY OF COLUMBIA v. TATUM ET AL.

December 1, 1934. The opinion of the Court was delivered by

MR. JUSTICE BONHAM.

The well-considered decree of Judge Mann fully considers and disposes of every issue made by this appeal. Any opinion of this Court must of necessity be merely a duplication of the decree.

It may not be amiss to add that the jurisdiction of the Railroad Commission in the premises is further sustained by the provisions of Section 8248, Volume 3, Code 1932, Act March 6, 1922, 32 St. at Large, page 956, § 6, to wit:

"Powers as to Public Utilities. — The railroad commission is hereby vested with power and jurisdiction to supervise and regulate the rates and service of every public utility in this State and to fix such just and reasonable standards, classifications, regulations, practices and measurements of service to be furnished, imposed or observed and followed by every public utility in this State."

It would be difficult to conceive of a more liberal grant of power. It is sufficient to embrace that power which the Railroad Commission exercised in these premises, which is approved by the Circuit decree.

The exceptions are overruled. The Circuit decree is affirmed. Let it be reported.

MESSRS. JUSTICES STABLER, and G. DEWEY OXNER and MR. ACTING ASSOCIATE JUSTICE A.L. GASTON, concur.

MR. JUSTICE CARTER concurs in result.

CITY OF COLUMBIA v. TATUM ET AL.

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