The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-06-09
SOUTHERN FIGHTING A STATE.
THE NORTH CAROLINA LEASE
HEARING NOW UNDER WAY,

The Matter in the Form of a Bill in
Equity Praying That the Several
Parties Defendant May Be Re-
strained From Bringing Suit in the
state Courts to Break the 09-Year
Lease-COunsel For the State
Pleads state Sovereignty.
Asheville, n. c., June S.--The injunction
case of the Southern railway versus Gov.
Russell, Attorney General Walzer and the
president and directors of the North Car
DINA Railroad Company was called in the
United States circuit court this morning.
The matter is in the form of bill in
equity, praying that the several parties
defendant may be restrained from bring
ing suit in the state courts to annul the
93-year lease of the North Carolina rail-
road to the Southern.
Upon the reading of the bill before
Judge Simonton, at a sitting of the cir
cult court at Lynchburg, Va, a temporary
restraining order was issued against the
defendants. and the case was set down
for a hearing in Greensboro in April At
that time, by agreement, the hearing was
postponed till to-day.
Hon. John G. Carlisle, ex-Secretary of
L
the Southern railroad. Associated with
him are Henry Crawford and Francis L.
Stetscn of New York and Fairfax Harri-
son for the Southern railway. President
Spencer of the Southern is also in attend
ance.
Judge AIacRae of Raleigh opened the ar
gument for the denials. He quoted the
code showing the authority given the gov
ernor and attorney general. 1T is alleged
that the state is interested in this case
he said, 'only by reason of it's owner
ship of shares in this road. But we say
that the state is interested in a higher
manner. How can process be enforced
against the state. Never has the governor
of a state been compelled or enjoned to do
an act except by his consent. Nothing has
been decided even by the dread arbitra-
ment of war, but that this is a perpet-
uance of indestructible states. The COVER
nor stands in his state as the president of
the United States stands.
I'VE contend that no equities have been
disclosed in the bill. The complainant
seeks to do what it says the defendants
seek to do. That is the burden of the
charge that we are going to bring a suit
against them. And what do they do?
Bring a suit themselves. This railroad
company was complete in the courts of
the state. They will not come into court
and say they could not obtain justice
there. When was it ever heard that an
individual or an officer was denied free
access to the courts of the country? There
is no purpose to bring a suit except to
test the legality Of the alleged contract.
These are proceedings to stay. Why re-
strain them over the governor or any one
else, from bringing an action to annul the
lease? If it was wrong ought it not be an
nuled as soon as it can be done?
The only jurisdiction your honors have
is a preventive jurisdiction. This is an I'M
necessary harrassment of this court. The
question of whether the annulment of the
lease would be contrary to the interstate
commerce law is a question of law"
Argument for the complainant was
opened by Henry Crawford, and the clos
ing argument for the Southern will be
made by Mr.. Carlisle tomorrow.
There are over a score of lawyers in at
tendance on the case.
Mr.. Crawford argued for the jurisdic-
ton of the federal court and for the valid
ity of the acts whereby the Southern be-
came lessee of the North Carolina rail-
way. He took the ground that when the
state directors and proxy executed the
contracts of 1871 and 1885, the executive
department of the state had acted, and
that action was conclusive.