The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-09-01

8 Charleston, s c., August 31.-Judge
Simonton, of the United States circuit
court, to-day filed his decision in the suit
for Injunction brought by the Port Royal
and Augusta railway against the South
crn Freight Association to prevent the
latter from inaugurating the 80 per cent
cut in rates declared by it in retaliation
for Il 33 per cent. reduction previously
made by the Seaboard Air Line The
temporary restraining order is set aside
and the bill dismissed.
After citing the allegations of the bill.
the court says: The question presented
by these allegations did not seek nj the
hands of the court the regulation of rates.
but asked its Interference to prevent de-
moraliZation, and especially they have
argued that the purpose was, and the
inevitable result OF a war of rates would
he, the bankruptcy of one or the other of
the competitors and so the end of COM
petition Ownership of railroads differs
from that IN every other species of prom
crty. y railroad is, as it were public
property and rs its first duty to the pub
nc the owners can refuse no one, and the
charges must he always uniform. In no
case can they go beyond what is lust and
reasonable, and in the last resort the
State or Federal courts determine what
charges are reasonable
In regard TO the question of jurisdiction
the court says: Are the necessary par
ties before this court in this case? Re
turn of Georgia, Carolina and Western
railway company develops the fact that
the Seaboard Air Line is only the dcsig-
nation of Il route or line operated and con
troiled by two corporations, the Raleigh
and CASTOR railroad company and the
Seaboard and Roanoke railroad company.
one corporation of the State of North
Carolina and the other the State of Vir-
ginia
The Simonton decision dissolves the
injunction and dismisses the bill on the
grounds of no jurisdiction. as all parties
necessary to the case We're not present in
court. The decision says that as the
Castor, Raleigh and Seaboard and Roam
oke had leased property of the Georgia,
Carolina and Northern and operate lines
independent of the control of the lessee
they must be present in court, as they are
the parties at fault and action without
their presence would be an unwarranted
interference of the court with the terms
of the lease. The vital point of the dccis
ion is as follows:
IF this case We're to proceed and it
should he held that Injunction should
issue, the Georgia, Carolina and Northern
company would he restrained from carry
ing goods at the rate fixed hy the Sea
board and Roanoke and Raleigh and Gas
ton, its lessees. The order of injunction
would abrogatc this part of the contract
and to this extent would deprive the
lcssecs of the property in lease Could
the court abrogate the case on grounds
like these without hearing the lcsses as
parties in the case: Could the court in
Vestigate the conduct of these two lessee
corporations and convict them of charges
in their absence? Are not the interests
of the Georgia, Carolina and Northern
and the two lessee roads inseparables If
so their absence interposes an obstacle in
the way of the decree that is insepa rablen
Concluding, the court says the tempta-
ton to enter upon the discussion of the
interesting points involved is very great.
but there seems to be no escape from the
conclusion reached
TO REMAIN IN FORCE. -
Norfolk, Va, August 3l.-The Sea
board Air Line officials state that it is
not probable that the Seaboard will meet
the cut of the Southern railway since
Judge Simonton dismissed the Injunction
bill. They state that the SO l-3 per cent.
reduction will continue.
IN y STATE OF SEIGE.
Berlin, August 3l.-An official dis
patch received here from Manila, CAPITAL