Legal Opinion

Banks v. Columbia Ry., Gas & Electric Co.

Supreme Court of South Carolina

Decided November 28, 1919No. 10293Published

Controversy without action by William Banks and others against the Columbia Railway, Gas & Electric Company. Judgment for plaintiffs, and defendant appeals. submits: The intention of the legislature can he gathered only from a literal interpretation of the language used in the statute, which is plain and unambiguous: 99 S. C. 218; 82 S. E. 1048; 62 S. C. 57; 39 S. C. 810; 13 S. C. 46. The statute contains a highly penal clause and must he strictly construed: Criminal Code,…

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Controversy without action by William Banks and others against the Columbia Railway, Gas & Electric Company. Judgment for plaintiffs, and defendant appeals. submits: The intention of the legislature can he gathered only from a literal interpretation of the language used in the statute, which is plain and unambiguous: 99 S. C. 218; 82 S. E. 1048; 62 S. C. 57; 39 S. C. 810; 13 S. C. 46. The statute contains a highly penal clause and must he strictly construed: Criminal Code, sec. 276; 73 S. C. 36.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

*100This is a controversy without action to obtain the decision of the Court as to defendant’s liability to pay the expenses of an investigation made by the Public Service Commission, in July, 1919, of the rates charged by defendant for gas. The rates were found tO' be unreasonably high, and defendant was required to reduce them.

The commission then demanded of defendant payment of the expenses of the investigation. The account presented included the per diem and personal expenses of the commissioners during the investigation, which…

2Cases cited4 opinions

  1. State Co. v. JonesSupreme Court of South Carolina · 1914
  2. Lancaster v. Barnwell CountySupreme Court of South Carolina · 1894
  3. Kershaw County v. Richland CountySupreme Court of South Carolina · 1901
  4. Scott v. AlexanderSupreme Court of South Carolina · 1887

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