The Caucasian. (Clinton, N.C.) 188?-1913, 1897-07-08
The LEASE AND THE IsJUNCrIOS.

ter that will not easily down." des-
pite the difficulties which seem to ac-
company fair settlement. Of the ques-
ton.
II will be remembered that this
lease was made at night-withont
fair notice to the people OF the State
who own nearly three-fOurths OF the
stock in the road.
Then came contest, now memora-
Bile, in the legislature Of 1897. The
question was whether the facts con-
corning this lease should be submit
ted To the courts Of the State for the
purpose Of deciding whether the lease
was valid or not. This was the ques-
ton raised by the people and those
who represented the people IN the leg
islature. The Southern railroad, and
those members of the legislature con-
trolied by this road, made an attempt
to have the legislature sanction the
lease. After a most remarkable strug-
gle, the railroad gained q partial VIC
tory In that il prevented the legi 'la-
ture from formally authorizing the
lease to be brought to an issue in the
courts. The people gained a partial
victory in that they succeeded in keep
Ing the legislature from sanctioning
the lease.
The next step was taken by the
Southern. 1t secured from Federal
Judge, Judge SimontOn, an order re-
straining the Governor, the Attorney
General and others from bringing q
suit to test the legality Of the lease.
This injunction involved a number OF
points in law. Governor Russell and
TIE Attorney General denied the right,
Of q Federal judge to interfere in the
matter in any way.
An argument was heard on the in
junction at AshevIlle a few weeks
ago. The Southern railroad was rep
resented by J. G. Carlisle, former Sec
Rotary Of the Treasury; Francis Iynde
Stetson, law partner Of Grover Cleve-
land, and noted lawyer named Craw-
ford from Chicago. It is currently
said that this last named gentleman
was paid twenty thousand dollar
fee for his advice and speech in the
case.
Governor Russell was represented
by Hon. A. G. Avery, ex-AssOciate
Justice of the Supreme court; Hon
j. G. McRae, an ex-Associate Justice
and Capt. w. II. Day.
After hearing the argument Judge
Simonton reserved his decision for
awhile. On June Both he gave it. 1t
covers eighteen pages of type written
legal cap, and is resolved in the follow.
lowing:
"lst, as to whether the North Caro-
lima railroad could lease; End, was the
lease executed in conformity with the
requirements of the charter? 3rd, was
- the lease executed bona fide, without
fraud and malpractice?" Judge ST.
m0ntOn answers:
First, the North Carolina railroad
had the right to lease.
Second, the lease was executed in
conformity with the requirements OF
the charter.
Third, as to whether there was fraud
the question Is referred to Hon. Kerr
CraiEe, A. special master, to take tes-
timony and report.
State Attorney General u. V. Wal
ser, Governor d. L. Russell and the
new board Of directors are given &C
days to file testimony The complain.
Ant and the old board of directors are
given additional so days to file testi.
n0ny, after which Attorney General
Walser and Governor Russell are Civ.
en- 40 days to reply. The special mas.
ter shall then report to the court a.
soon as possible.
In the meantime the restraining or.
der remains in force.
Without intending anything but ali
due respect, THE CAUCASIAN is free t.
say that the decision Is nothing more
or less than was expected under any
sort Of conditions that mi ght have pre-.
vailed in the ordinary Federal court
When conditions are such that bis
railroad attorney ships are considered
A. legitimate part Of Federal spoils
and such attorneyships are practical.
~ offered, and perhaps given, to the
supporters, OF political administra.
tion rs part II party spoils, there il
ample causetO expect a Federal de.
cision will always be favorable to 8
corporation when contest arises be.
tween corporation and the people.
Governor Russell made some very
warm remarks when the injunction
was first granted. Some of his OBJ
servations increased in torridity wher
he answered the summons of thu
Federal court, but his animadversion,
on this recent decision are of regular
"blue blaze" heat. He says:
Judge SimOnton's augmentation
WOULD be plausible if it came from ,
Federalist, but from South CarOlins
jurist who, in all probability, got hi.
prominence and office by shouting 70,
States rights, it is laughable and con.
temptible. OF course everybody i.
about now understanding that there
10 no such thing rs States rights mol
private rights either as against the
encroachments, the aggressions and
the ins0lence Of corporate power. That
railroad Judges should hold in favor
OF the railroad nabobsis to be ex.
pected."
suppose Mr.. Craige DECIDES with
the railroad IN this case, does that
end the fight?" was asked.
"Oh no; he only reports TO Simon.
ton, but every body knows that be aud
Sim0ntOn will decide for the money
kings. The people have no confidence
In the United States courts whose
judges, with now and then an excep-
tion, stand in with the railroad kings
bank barOns and money princes. Judge
Harlan, of the Supreme court, and 4
few others on the Federal bench de-
stand for popular rights, but they are
getting old and scarce.
"These patrioian judges think they
Are In for life with theip pnv.I .moI,.