The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-10-30

they agree TO the lolo"ihS sup
drawn up by the Railroad Commission:
"Whereas, on the BIRD day of July,
1897. the matter of rates and taxation
of the Western Union Telegraph Com
many was called for hearing and con-
sideration by the Railroad Commission
ers. and from the facts and evidence
then elected, the value of the property
of the company in North Carolina was
assessed for taxation at $5S1, 735, and
the rate for the transmission of mes
sages as follows:
From and after the first day Of Sep
tembcr, 1897, the Western Union Tele-
graph Company shall not charge or col
lect more than fifteen cents for trans
hitting any message of ten body words
or under, exclusive of date, address and
signature, between any two points with
in the limits of the State on its lines, nor
more than one cent for each additional
word
"And, whereas, the Western Union
Telegraph Company was given the usual
time, 10 days, to file exceptions thereto;
and whereas, the said Western Union
Telegraph Company did not wait for an
opportunity to discuss the exceptions
filed, but obtained a restraining order
said Railroad Commission from enforc-
ing it's order, and at the same time In
shutting in the same court case in
equity, and giving bond of indemnity
for the sum of ten thousand dollars.
"And whereas, 1t now appears that the
said Western Union Telegraph Company
is willing to have all matters of contro-
versy remanded to the Railroad COMMITS
sion, the Railroad Commissioners here
by consent to the same under the fol-
| lowing stipulations:
81. That the case in equity in the
United States court be dismissed at the
cost of the Western Union, Telegraph
Company and the other case be remand
ed to the North Carolina Railroad Com
mission to be proceeded with by them in
such manner as said Commission may
elect.
so. That a bond be given by the West
ern Union Telegraph Company of ten
thousand dollars 100000 to the State
of North Carolina, as per section Z of the
Act creating the Railroad Commits
sion, for the over-charge for telegraphic
messages from and after the first day
of September, 1897.
20. That the Western Union Tele-
thirty days from date, shall appear be-
fore the Commission with a statement
and exhibit of all its property owned in
the United States, real and personal, and
the value of the same and the relative
proportion the State of North Carolina
may have in its entire assets.
! Neither party is to be excluded from
! introducing new evidence.
| oh -
main in full force and effect until further
orders"
| As to this stipulation, the Western
| Union attorneys simply asked for time
to consult the officials in New York
This was granted, and Saturday, No
vember Goth, was set for a further hear
| ing of the matter. Pending the accept
ance or rejection of this stipulation it
was agreed by the counsel ON both sides
that the injunction case shall not be ar
gued at Wilmington on the 23rd, but
some other day fixed after the hearing
before the Commission on the Goth.
! Two rather remarkable features of the
Railroad Commissions stipulation will
be noted, and in view of the charge that
there is deal on foot whereby the Com
mission is to restore the old 25-cent rate
and increase the tax valuation of the
Western Union property in the State,
they assume great interest and import
ance. They are:
| /. The stipulation Of the Commission
says 1.-THE matter of rates and taxation
of the Western Union Telegraph Com
pany was called for hearing by the Rail-
road Commission" There has been no
objection raised by the Western Union
as to its tax valuation, and that matter
has not heretofore been considered In
connection with this case,
2. The Western Union is ordered to
make to the Commission statement of
only its property in the United States
and North Carolina.
| Nothing is said OF it's profits. They
can fix tax valuation with a statement
Of property owned but they can't fix
rates unless they know how much the
company is making with its present
rates.