The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-10-30
yOUNSEL EMPLOYED BY GOV
ERNOR NOT RECOGNIZED.
COMMISSION FILES A STIPULATION
A Further Hearing to be Had November 10Th
Pending Acceptance Of the Stipulation
Hearing Of Injunction is
Postponed.

xhe Railroad Commission proposes to
again open up the question Of its tax
valuation, which was settled last sum-
Mer. and from which there has been no
appeal.
Another thing was evident-and it is
something that has seldom if ever hap
pened in North Carolina before. The
Comm ssion is apparently fighting its
own attorneys and taking the advice of
own attorneys.
In this connection, however, it ought
to be stated that these lawyers-Messrs.
John w Hinsdale, B. S. Register, l.. c..
Edwards, Charles A. Cook, and w. O..
DOuglass--were employed by Governor
Ruyssell, and not by the Commissioners.
They gave the case into the hands of the
Attorney General and refuse to recognize
anybody else; and yesterday, while the
case was being considered, Maj. j. W.
Wilson, the chairman, notified them that
IL they got any pay they would have
70 get it from the Governor; that the
Railroad Commission would never give
them cent.
1t will be remembered that, at meet
ing OF the Commission last week, attor-
neys for the Western Union made ii
proposition, which has been printed in
this paper, to stay the injunction pro-
eeedings in the Federal court, and that
the Commission take up the rate ques-
ton again de novo.
The petition was about to be granted
when the attorneys for the Commission
protested and the decision of the ques-
ton was deferred until the meeting yes
terday-the day set for its decision.
In the meantime, the attorney employ
cd by the Governor to fight the case, held
. conference with the Commission and
enc OF them, Mr.. Douglass, presented
q stipulation which he thought the
Commission ought TO require of the
Western Union before allowing it to take
. case already practically lost, out Of the
federal court. This stipulation
was discussed and several OBJ
5ections found to it. 1t was
then suggested that Col Hinsdale
take the paper and remodel it so as to
meet the objections that had been made
TO it. This was done, and the following
stipulation, approved by all the counsel
6Or the Commission, except the Attor-
ney General, who had given the case
very little attention, and read before
the Board yesterday, was the result:
Il. 1t is hereby stipulated, by and be-
tween the parties TO the above entitled
suit, that the cause pending between the
plaintiff and the Railroad Commission
srs of North Carolina, which was re-
moved by the plaintiff into the Federal
court, shall be remanded back to the
said Railroad Commissioners by consent;
and that the orders remanding the same,
10 take effect Immediately, shall be
signed by the parties hereto OF their at
torneys, at the same time with this stipu-
Ation.
=. 1t is further stipulated, that the
bill in equity fled by the Western
Union Telegraph Company against the
defendants above named, in the above
entitled court, shall be at once dismissed,
-.e injunction order heretofore n mad
therein being vacated; and that the or
der and decree to this effect be signed
by the parties hereto or their attorneys
ut the same time with this stipulation.
'3. 1t is further stipulated, that the
Board Of Railroad Commissioners shall
ret for hearing the exceptions of the
Western Union Telegraph Company,
giving it reasonable time, not exceeding
thirty days, to prepare for said hearing,
and to furnish to the Board reports and
ether information hereinafter called for
BY the said Board.
"a. 1t is further stipulated, as con-
aition to the hearing of the said excep-
lions, that the Western Union Telegraph
0ompany shall, as soon as possible, but
not later than the hearing, furnish all
information, which has heretofore been
called for by the Board Of Railroad
commissioners, and that it shall file with
the Board a copy of the printed reports
OF all stockholders meetings from the
FIRST organization Of the company until
the present time. If a printed copy can
not be had, written copy thereof and
copy of the financial reports of the
company and of statements of receipts
and disbursements of the said company
Cor each year during the same PERIOD
showing its operating expenses and
moneys spent for betterments, and the
character thereof.
.. 1t is further stipulated, that the
Western Union Telegraph Company
shall furnish a detailed statement of
each purchase by it, of stock, or bonds.
Or plant, or property of other telegraph
companies or lines, and of the prices
paid therefor, and the manner and date
Of payment. That it shall give an ac-
eurate statement of the real estate own
ed by it, its cost. it's value, it's tax val
nation, its present use, and the income
derived from it. That it shall furnish
detailed account Of the cable lines
and properties which it owns, their ex-
tent. character and income, the price
paid by the Western Union Telegraph
Company therefor, the ate of purchase.
and their present value. That it shall
furnish detailed statement of the as
sessed valuation Of taxation of the prop
critics and franchise Of the company in
each State in the Union, showing Sc
Darately the number of miles of poles, the
aumher OF miles OF wire in each State
md the valne thereof and description
the value thereof and description
state, the tax value Of the whole
ned' and the method Of valuation
State whether the franchise