The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1896-08-13

Mind Ever Presented l-or Judicial
DetermiHatiOn-Wi! the OrGc.
Stand?
/ Charleston News and Courier, July Sl>t |
We have not seen the !ull tex. Of
/ The petition OF the Port Royal and
Augusta Railway Company upon which
Judge S!montC n has granted / tempo.
ftar> Injunction restraining the Sea
4 board An Line and The Southern
/ Railway from making further rcduc-
! tons IN their rates of freight transport
tation, and ordering them II restore
| the rate PRIOR 20 Juiv l., but We pub
lIsh to-day C,reinlly prepared! state
| ment of whlt the bll contains. IN
| less there IS great deal more in the
case than there appears in this s,aie-
ncnt We do not scl how the court can
avoid discharglng It's rule. The case
IS very remarkable in The rcspec' That
ii IS the first OF It's kiHd ever presented
| for Judicial determination, and is cx-
citing 4 great deal OF interest IN rail
road circles throughout the country.
One OF the most vicious and danger
ous llanks in the Chicago platform is
that which declares against "goyern-
ment by injunction. In his speech
1t Orangebuvg on Wednesday Senator
i'illman protested against the action
Of Judge Simon,on IN this case, and
made the very strong point that if the
court had the power to say that Iail
road companies shall nut cut their
rates, the court would also have the
power 10 say tina, they shall cut the
rates, and that there was no limit 10
| what the courts could not do in direct
lrg ard managing the affairs Of busi
ness corpora,io.s. We have 10 sym
pathy with the iniemperancc Of Sena-
tor 'i'lillnan's speech, but il must be
admitted that there is point and merit
10 his protest against judicial lnierier
cnCe with corporate management.
In the platform adopted at ST. Louis
The popuiis;s demand that the govern
ment shall own and operate the rail
roads of the country. If Judge Simon
tons Injunction in This case be made
| permanent, and be not set aside by
the higher courts, wha, the PopuliSts
have been aiming at namely, govern
ment ownership of the rallroads--wlil
practically have been accomplished
without their assistance.
The power to make rates and cut
rates IS essential to proper railroad
management and control, and if this
power can be assumed by the courts,
with or without the knowledge or con-
>ent Of the roads, any other OF the les
SET powers OF the directors and owners
of the roads Can also be assumed by
the courts. The law gives the inter
state railroad commission authority TO
say when a rate is too high, but it does
not give the commission authority to
fix rates The law gives the courts
| the right to appoint receivers Tor insOl
vent corporations, but it does not
authorize the court to interfere with
-
ton Of corporations which are not
fairly in court. Perhaps Judge Simon
, ton was compelled to grant the njunc-
ton in this case upon purely ex partc
showing, but the interests involved are
SO vast and The remedy applied for was
s. novel that it would have been we'll
had he heard argument from all sides
before granting his injunction. Such
a course would have been irregular
doubtless, but the case is ont Of the
ordinary, and new rule might have
been made in so remarkable cause.
O! course the petition for a pcrma-
nent Injunction Will be resisted, and
we hope that it will be successfully re
sisted While the petitioner manlfests
a most unusual and affeCtlOnate inter
est in the welfare Of the warring rail
road corporations, and dcprecates, as
all good SamarllanS must, the loss OF
revenue which viii be sustained by
them if the courts shall refuse 10 inter
pose, the plain people Of the country
who are engaged in business and those
who buy and sell have not suffered any
distress, but on The contrary have been
benefited by the war Of rates. There
is another an! much more serious issue
however, involved III the determine.
ton OF this matter. II concerns The
business welfare Of every town anc
city on lheroost from Norfolk dowT
20 Brunswick. The losses sustained
by the Port Royal and augusta rail
"ay, .now under protection OF the
courlJ are mere bagaielIe compared
; with The losses which viii be sustained
by all parts OF the South not directi,
tributary - The Southern railway ant
the por,s under he Immediate care O
tina. great system if the present injunc
!, t.0n d not discharged.
I na far n