The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-04-24
TELEGRAPHIC NEWS.
AN IMPORTANT RAILROAD CASE
The State of North Carolina vs.. tie
Worth Carolina Central Railroad
The DanyiIle Railroad q ParGy-Hn-
junction Temporarily Continued.
fSpeciaI telegram TO tile Dispatch.


RALEIGH, April 23.-Tbe injunction
against the Richmond and Danville railroad,
to restrain the company from altering the
gauge of the North Carolina road between
Greensboro and Charlotte, was continued
by Judge Albertson until hearing, but
upon condition that the State give bond for
$4,000. with good security, to indemnify
said company for damages that might b,
sustained on or before the 1st OF May. Ii
not given BY TINT time the injunction is to
be dissolved. Both parties have given notice
Of appeal to the Supreme Court.
The case decided was suit to obtain per-
petual injunction against the widening of
The gauge of The North Carolina railroad
between Greensboro and Charlotte from
lour feet eight inches and half to five feet.
An order of injunction was granted b,
Judge Watts on the 9th instant. Lately
the case came before Judge Albertson on
motion Of defendant To dissolve Judge Wa,ts'S
order OF The ground: -E. .
l. That the State OF North Carolina is
Improperly made ptrty plaintiff.
= Ihat the North Carolina railroad had
full power to alter the gauge. and in express
terms gave that power to the IesSces-thc
Richmond and Danyillc railroad.
3. That it is to the interest Of the State
that it should he done.
The grounds of the plaintiff nre that the
lease Is ultra r'reS. that is, that it was beyond
the power of the North Caiolina road to make
the lease; but that II the North Carolina
road had the right TO make the lease, the
essees bad no power to change the gauge of
the road.
Argued for the plaintiff by T. l.. Hard
grove (ttorney-gencr,U, w. y. II. smith,
md j. b. Bachelor, and for the defendants
by Merrimon, Badger, Judge Marshall oil
Virginia, and Strong.
The plaintiff contended that the change
Of gauge, if allowed, would subvert the
whole railroad policy OF the State, would
separate Eastern and Western North Caro-
lima, would make North Carolina merely Il
tributary artery for the benefit of other
States, and would do incalclllible and IRE.
parable wrong and mischief to the whole
State.
The defendants claimed that tho STATE
hayin. granted general power to the NORTH
Carolina railroad TO construct road between
ton Us to the gauge..any act passed in con
illrt herewith would be unconstitutional
and therefore void, and the courts. where nC
lc. has been passed directly affecting the
gauge Of this road, will not force constr,lc
lion to that effect by implication; that il
would benetts the State by building up !;
| through trade between the south and south
! western States and the markets OF the North
| that all OF the $50 miles of the road and the
country adjacent will he directly benefited
| and developed; and that the increased receipt:
| from this source will enable the Richmond
| and Danville road TO greatly diminish it.
| charges for freight and passenger fare on the
| whole line of the road; that no portion o
North Carolina will be injured, as the proper
! connection Of the western part of the State
| is over this line. on account of its Shortness
that the other portions of the State already
| have communication with the North by other
| lines; and that this was fight between two
| competing lines of roads, and not one IN
| which the people of the Stale Should te mu;lt
DartieS. :.