The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-06-11

Argument Closed In the Injunction Suit
Involving the Lease Of the North Care.
lima Kaflway-The Judge Takes the Mat
ter Under Ad viseInenr.

lima Kailway-The Judge Takes the Mat
ter IND AdviseInenr.
Asheville, y. G.. June 9-Argument
in the injunction case of n Southern
railway against the North Carolina
railway, Governor Russell and others.
was resumed in the United States cir
cult court here today.
w. H. Day. of counsel for the de-
PENDANTS, said: Governor Russell has
only declared his intention TO test the
validity Of this ease. In 1871 this
company appeared in our midst. The
story Of their first act is the corruption
of a North Carolina officer. Six years
before the expiration Of that lease they
undertake to again lay hands on this
property. Then the governor simply
says he viii investigate this lease. The
people of North Carolina are not afraid
of federal courts. We remember when
a federal judge saved the liberties of
the people of the state. We are jeal-
Gus of our rights. From the fact that
the lease of 1871 was valid for thirty
years, it does not follow that one is
good for ninety-nine years. For all
practical purposes a lease for such a
time would be a sale. 1t is a curious
phase that Governor Russell is the
only man these people have attacked
n it turns out that he is the only
governor that has gone against their
Will.
Hon. John G.. Carlisle followed. In
opening he remarked that the South
ern Railway Company did not obtrude
itself upon the people of North Caro-
Iona unlimited. The Southern has no
quarrel with the people of the state.
The Southern does not apologize for
coming her. while 1 will go as far"
he said, las anybody in UNFOLDING the
rights of the state, I would not hest
tate to sustain the right of this court
in a decision of the question of right
and wrong. AS to the rights of the
state of North Carolina as sovereign,
We make no question. The questions in
this case are: Has the Southern Com
pany a valid lease? Was it executed
in exercise of power under the law?
If so, then was it fairly procured? If
the North Carolina Railroad Company
has the right to make a lease for thir-
ty years, what is there in the law to
prohibit it from making a lease for
ninety-nine years? The validity of the
thirty years lease being conceded.
Ll11Il "hy AIoy nv IL oS " oo1 -
a term of n~inety-nine years? Such is
in the natur Of a bill to quiet title. 1t
is sufficient in such action that the
owner, in possession of the property,
is threatened"
Mr.. Carlisle maintained the jurisdic-
tiOn of the court and concluded as fol-
lows: II have nothing to say about the
conduct Of the governor of North Caro-
lima. Some times men are over Jealous
in even good causes We hold that as
agents of the North Carolina Company.
the governor and attorney general ara
just as amenable to the law as any in
dividuai stakeholder"
Mr.. Carlisle spoke exactly one hour.
those who expected an OratOrical dis
play were disappointed. His speech was
that of a lOgician. He drew with spe-
cial clearness the distinction between
the duties of the governor and the at
tOrney general as representing the
states interest in property and as rep
r~eSenting the states sovereignty in its
visitOrial powers Over corporations. He
emphasized the fact that the COM
plainant asked no relief in the latter
capacity, but merely as representing
the states three-fOurths interest in the
property as a corporation.
Judge A. c. Avery, of McrEanton,
closed the argument for the defense
and Judge J.. E. Shepherd followed on
behalf of Attorney General Walser,
closing the case.
Judge Simonton said he would take
the case under advisement and rende
his decision as soon as possible.
In the suit of the General Trust Com
pany, of New York VS.. the North Car
DINA railroad. the same p%leadings were
filed ard the case went 10 the court
without further argument.