The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-06-10
cARLlsLE'S PLEA IN CAROLINA.
HE SAYS THE SOUTHERN HAS NO
QUARREL WITH THE STATE.


The Validity OF the 3O-Year Lease of
the North Carolina Railroad HaV-
ing Been Acknowledged MIR. Car
Isle Contends That the 99-Yenr
Lease Must Also de VnIid-W. II.
Day States the Case For the De-
Tense.
Asheville. n. c., June 9.-Argument in
the injunction case of the Southern rail-
way against the North Carolina railway,
Gov. Russell and others, was resumed in
the United States circuit court here to-
day.
w. H. Day, of the counsel for the de-
PENDANTS. said; Gov. Russell has only
declared his intention to test the validity
of this lease. In 1871. this company APP
peared in our midst. The story of their
first act is the corruption of a North Car
DINA official. Six years before the expi-
ration of that lease, they undertake to
again lay hands on this property. Then
the governor simply says he viii inves-
tigate 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 jealous
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 nine
ty-nine years. For all practical purposes
a lease for such time would be a sale.
1t is curious phase that Gov. Russell is
the only man those people have attacked,
and 1t turns out that he is the only gov
ernor that has gone against their will.
Hon John G. Carlisle followed. In
!, IL er,.t
Southern Railway Company did not OBJ
trude itself upon the people of North Car
DINA unlimited. The Southern has no
quarrel with the people of the state. The
Southern does not apologize for coming
here.
while 1 will go as far" he said, "as
anybody in upholding the rights of the
state, l would not hesitate to sustain
the right of this court In a decision of
the 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, Have the Southern company
a valid lease? Was it executed in exer-
else of power under the laws? If so, then
when was it fairly procured? If the
North Carolina Railroad Company has
the right to make a lease for thirty years
what is there in the law to prohibit il
from making a lease for ninety-nine
years? The validity of the thirtyycar
lease being conceded, then why may not
there be a lease for term of ninety-nine
years? This is in the nature of bill to
quit the title IL is sufficient in such ac-
ton that the owner in possession of the
property is threatened"
Mr.. Carlisle maintained the Jurisdiction
of the court and concluded as follows: II
have nothing to say about the conduct of
the governor of North Carolina 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 are just as amendable to
the law as any individual stakeholder"
Mr.. Carlisle spoke exactly one hour.
Those who expected an oratorical display
were disa ppointed. His speech was that
! of a logician. Mr. Carlisle drew with spec
ial clearness the distinction between the
duties of governor and attorney general
as representing the states interest in the
property, and as representing the state s
sovereignty in its Visitorial powers over
corporations. He emphasized the fact
that the complainant asked no relief in
the latter capacity, but merely as repre-
senting the states three-fourths interest
in the property as a corporation.
Judge A. G. Avery of Morganton closed
the argument for the defense, and Judge
E. Shepherd followed on behalf of Attor-
ney General Waller, closing the case.
Judge Smonton said he would take the
case under advisement and render his de-
cision as soon as possible
In the suit of the Central Trust Com
pany of New York against the North Car
DINA railroad the same pleadings were
filed and the case went to the court with
out argument.