The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-04-06
THE INJUNCTION CASE
Big F olks Expected to Arrive IN
Greensboro To-Day.
THE PEOPLE VS.. RAILROAD
TAR HEELS DO NOT TAhE ~
GOVERNMENT BY INJUNCTION.
WILL RUSSELL BE HANoCUFF % I?

The New Wcrd ":iysreria" Detlped--
,redeU. Johnston and Spencer at
the Hillsboro Convention Had
Bad Case--Martin Van
sHysteria."
Greensboro. n. c., April 5.-(Special.'
-Tbere will be some big folks here to-
morrow. according to the modern def
milton of big men. Some of them are al
readv here. Let's see-there Will De
1rdoe Simonton. Colonel A. B. Andrews.
First Vice-President of the Southern
Railway: Ex-Secretary John G. Carlisle,
the celebrated corporation lawyer from
Chicago; MIR. Crosby. Then there may
no Mr. Fabius III. Busbee with Col. Jim
Rovd son the side" and possibly Major
C.oorga Rason as a "chaser." As look
-ars-on at the great spectacle will be other
lawvers from different parts of the
State.
Onposing this array of elephantlne IN
tellects will be ex-Associate Judges
Avery and MacRae and Capt. Bill Day.
From all this one may readily suppose
that there is going to be trial. AS every
up-to-dat trail ought to have pris-
oners. these will be forthcoming IN MS
Exceliency Daniel l.. Russell, Governor
of North Carolina; Hon. Zeb Vance
Walser, Attorney General of North
Carolina. Whether they will come hand
.cuffed to L. S. Marshal Carroll, l do not
know. or whether the prosecutors VIII
come in the-rgiyate car of Vice-President
Andrews j do not know; but, at any
rate. the State will be on trial for two
offences.
The first crime has not yet been COM
mitted. but the State will be tried just
for luck so as to guard against what
might, could, would or should happen.
The second has not yet been COM
mitted.
The fnst offence is the possibility that
the Governor and Attorney General.
either or both, may attempt, if there be
any legal way of so doing, of getting for
the people of the State, bigger dividend
than they are now getting of the $780,
900 the Southern Railway is now max
ing out of the States property, the North
Carolina Railway.
The PEOPLE of the State might be
called a unit in favor Of getting more
thanais now being received from the
Southern.
The people are divided in sentiment as
to the second offence. The best people
of the State (the Democrats) believe that
the Legislature committed a grave of
fense against the well-being of the State
in passing a law so revolutionary as the
one touching the reorganization Of the
Atlantic and North Carolina Railway;
but the people are just as united in this
case, also in the belief that the courts of
the State are both intelligent and honest
enough to give an adequate remedy to
those whose rights may be injured.
Technically speaking, the lawyers are
loaded with the pros and cons of the
legal questions involved, and the story
of these will be told as the proceedings
progress.
Briefly put. the Southern Railway men
claim only to be attempting to quiet the
title of the Southern Railway to the
North Carolina Railway, while in the
second case the obligation of contract
clause is invoked in behalf of the jurisdic-
ton of Judge Simonton. Among the
cases cited as a basis for this is the
Hamilton Gas Company case in LAG U. 5.
On the other hand, there are some
here tonight who ask this question:
-"Why did not the Governor in the first
instance get the Attorney General to
bring suit to test the validity of the
North Carolina Railroad lease, and thus
give to the State courts the opportunity
to say as to whether the property was
legally out of the hands of its owners"
The gentlemen making this suggestion
added that it was their belief that MT.
Walser would have brought the suit, and
the State would have thus escaped the
Haymarket tactics of having IA dynamite
pcIloihahSt sprung upon IL una W aIeo.
The logic of such action can be only in
the fact that the Southern Railway can
accomplish what it wants in the United
States Courts and cannot accomplish
what it wants in the State courts. And
yet. strange to say, the people Of the
State do not discredit their own courts;
they prefer them for the settlement of
causes wherein they are parties.
1t is So strange too that the Southern
Railway. should make such to-do about
this worthless bargain"-this trade a.
bout which during the Burlington DAYS
Col. Andrews and Mr.. Spencer seemed
to be- so careless. There waits the
Mocksville branch with every cross-tie
itching for a new line, and the line from
Continued on 4th page)