Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-06-09
SOUTHERN R'Y SUIT.
INJUNCTION CASE AGAINST NORTH
CAROLINA AUTHORITIES.
THE NINElY-NIHE-lEAR LEASE.
Bill Praying That Defendants he Re-
strained from Seeking to Annui
of Counsel for Southern.

| ASHEvILLE, n. c.. June s.-The in
junction case of the Southern Railway
| Company VS.. Governor Russell, Attor-
ney-General Walser and the president
| and directors of the North Carolina
Railroad Company. was called in the
United States Circuit Court this MORN
Ing The matter is In the form or a
bill in equity, praying that the several
parties defendant may be restrained
from bringing suit in the State courts to
annul the ninety-nine year lease of the
North Carolina railroad TO the Southern
railway. Upon reading the bill. Judge
Simont0n. at a sitting of the court in
Lynchburg, Va, issued a temporary re-
straining order against the defendants,
and the case was set down for hear
ing at Greensboro. in April At that
time, by agreement. the hearing was
postponed till to-day.
Hon. John q. Carlisle. ex-Secretary OF
the Treasury, is the leading counsel for
the Southern road. Associated with him
are Henry Crawford and Francis l..
Stetson. of New York, and Fairfax Har-
risOn, solicitor for the Southern railway.
President Spencer, Of the Southern, is
also in attendance.
Judge MacRae. of Raleigh, opened the
argument for the defendants. He quoted
the Code, showing the authority given
the Governor and Attorney-General.
1T is alleged that the State is inte-
rested in this case" he said. only by
reason of its ownership of shares in this
road. But we say that the State is in
4 Ii
process be enforced against the State?
Never has the Governor OF State been
compelled or enjoined to do an act eX-
cept by his consent. Nothing has been
decided, even by the dread arbitrament
of war, but that this is a perpetual
union of indestructible States. The Gov
ernor stands in his State as does the
President of the United States in the
country at large.
I'VE contend that no evil has been
disclosed i'm this bill. The complainant
seeks to do what it says the defendants
seek TO do. That is the burden of their
charge-that we are going TO bring a suit
against them, and what do they do?
Bring a suit, themselves. Their remedy
was completed i'm the courts of the State;
they will not come into court and say
they could not obtain justice there.
When was it ever heard that an indi-
vidual or an officer was denied free ac-
cess TO the courts of the country?
There is no purpose to bring a suit.
except to test the legality of the alleged
contract. These are proceedings to stay.
Why restrain the Governor. or any one
else from bringing an action to annul
the lease? II it was wrong. ought 1t
not TO be annuled as soon as it can be
done?
''The only jurisdiction your Honors
have is preventive jurisdiction. This is
an unnecessary harassment Of this court
The question of whether the annument
of the lease would be contrary to the
interstate commerce law is u question Of
law"
Argument for the complaint was
opened by Henry Crawford. The closing
argument of the Southern will be made
by Mr.. Carlisle tomorrow. There are
over score Of lawyers in attendance on
the case.
In an address of three hours this after
noon, Henry Crawford opened the argu-
ment on behalf Of the Southern railway
He argued for the jurisdiction of the
Federal Court and for the validity of the
acts whereby the Southern became the
lessee of the North Carolina railroad. |
He took the ground that when the State |
directors and proxy executed the con-
tracts of 1871 and 1895, the Executive de- |
of the State had acted and that |
action was conclusive