The Caucasian. (Clinton, N.C.) 188?-1913, 1897-04-15
hot SHOT FROM
COY. RUSSELL.
He Makes q Sweeping Denial OF
Federal Jurisdiction in Ger
tain State Matters
THE INJUNCTION CASE,

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Talk - to The seAsmss and Trssds 81
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DEAF ~ Ysiihisss Agsais Not hind
tag o. The state
One OF the most important incidents
Of the month, up 10 date, Was the hear
ing Of the,,-railroad injunction"case NJ
Greensboro on April 9Th. IL will be
remembered that the Southern rail-
road, after failing TO get bill through
the legislature TO confirm the secret
80 year lease. applied TO Judge Simon
ton OF the Federal court for an order
restraining Governor Russell. Attor-
ney General walser, and others, from
bringing suit or Threatening 10 hrisg
salt to test the validity OF The lease.
Judge Simonton granted this order.
and appointed April 9th and Greens
boro ~ the time and place for hear
ing argument in the matter.
When the time rolled around there
Was . great array Of "legal counsel 1t
GreensbOro-Hon. John &. Carlisle,
|ex-Secretary Of the Treasury; r. l..
StetsOn tCleveland's law partner and
Henry Crawford, of New York, and r.
Ii. Busbee and Fairfax Harrison rep
resenting the Southern. James 5. Mau.
ming, Of Durham, and Judge Armstead
Burwell, Of Charlotte, represented the
old directors: X. ii. Battle, of Ralei z b,
for the Central Trust Company. OF
New York, ex-Judge A. c. Avery, ex-
Judge James C. McRae and w. ii. Day,
for Governor Russell and the new di-
rectors, and ex-Judge Shepherd for
Attorney General Walser.
The preleminaries OF reading the
bill of complaint by the Southern were
gone through with in q humdrum sort
Of way. But when the answer OF the
Governor was read, there was q sensa-
tion-aDd big one. II there is any
one thing that is manifest on this
earth is is the fact that Go. ernor Rus
sell is not afraid of any corporation or
any corporate power on Gods num-
dane sphere. 1t is said that when this
reply WAS being read the "big" foreign
lawyers tried to look sarcastic, but I'M
der all their affectation they showed
that they knew they had met a power
in North CarolIna's Governor. 1t lie
further said that Judge Simonton's
face perceptibly changed color rs the
hot force OF the words of the Gov
ernor's reply were pronounced; and it
is still further said that even the
North Carolina lawyers who were
supposed to be against Russell glowed
with some pride as they felt the fact
that they had Governor who feared
not to stand for the right, the liberty
and the sovereignty OF the old North
State.
Daniel l.. Russell, who has sought
to be made q party defendant in this
suit by the Southern Railway Com
pany, responding to the bill of COM
plant as an individual and not as Gov
ernOr Of North Carolina, and doing
this much as q matter of courtesy to
this court. makes answer as follows:
| i. have read the answer of Il. v.
Walser, who is Attorney General OF
North Carolina, and all the denials
and allegations Of said answer itself,
1 adopt.
2. l reserve to myself all the right of
exception to said bill of complaint
and protest that under my oath of Of
flee as Governor o. North Carolina /
will not recognize As binding upon me
nor will yield obedience to any or
der Of any court that binders or re-
tards or interferes with me in the du-
ties committed by the people of North
Carolina through their Constitution
and legislature to my judgment and
discretion as their Governor; nor will
obey or regard any order of any
court which undertakes to prevent the
State OF North Carolina from exercis-
ing to the constitutional powers as q
sovereign State, and hereby expressly
decline to appear in this court as Gov
ernor aforesaid, or to do any sct which
might seem to make the State of North
Carolina party to this suit.
j l deny that the State of North
carolina ever entered into any con-
tract with the Southern Railroad Com.
fpany for the lease of tbe North Caro-
lima railroad. The ninety-nine year
lease was made by the North Carolina
Railroad Company Of the first part
20 the Southern Railroad Company OF
the second part and the State was and
10 no party to this. alleged contract
OF lease. The State has an luterest
in the North Carolina Railroad Com.
pany, being the owner Of three-fourtbs
OF it's capital stock. The agents of the
State proxy and the State directors
voted for this lease.
| ! allege that in doing SO they com.
mitted an unauthorized and unlawful
act. They violated the charter of the
North Carolina RsiIr6 I'D: they made
an Ali" nation for the ninety-nine
years, equivalent 10 sale without apy
authority in their charter or in an
law OF North Carolina, and in their
actions in this behalf they acted a, no.
Iaitniui and unauthorized agents, and
committed an ultra wires act that 4,
not binding on the stock holders of this
North Carolina Railroad COMPANY
holders. SWIM
The State as sovereign. and alan
As q stakeholder, has a right IN e.,
the legality and validity Of this Irsss
IN lts own courts. This plaintiff. this
southern Railroad Company. a cor.
poration foreign to North Carolins, i,
seeklng to strike down this right q,
tne state. The only purpose Of thi,
action on the part OF the Southern
halIroad Company is to deprive ths
people OF North Carolina of their ri1h,
70 test the legality of this lease in shs n.
courts OF their. State. WIG
?: Inc exhibit is q correct copy of /,
uewspaper interview which va An.
sooIzed by me, and which vas in.
nueo rs . Communication to the
containing extracts from nv ,n.n.
ulal ADDRESS nd . certain special mes.
sage winch | sent To th- legislature So
,sss Am aware, this is he first tins
Enough It may not be the Ia.t1 sh.n
SGSrporase .rrossnce has arraiened .
~. n ior MS communication ia
/ the Doodle WhnAA