The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-10-29
TELEGRAPH RATE CASE
AGAIN COMES UP BEFORE THE
COMMISSION.
TWO PROPOSITIONS FOR A REHEARlNG
The Caucasian Charges That There is a Deal
to Restore the Twenty-Five Cent
Rate But Increase the Tax
Valuation.

The Railroad Commission meets this
at 10 O'Clock to decide whether
Or not it will accept the following stipu-
Iation, drafted at its last meeting by the
attorneys of the Western Union Tele
graph Company, and submitted to the
Commissioners for their signatures:
at is hereby stipulated by and be-
tween the parties hereto, that the
plaintiff herein shall consent to the
removing of the case pending be-
tween it and the Railroad Commits
sioners of North Carolina and re-
moved by it into the Federal court,
from the said Federal court back to
the said Railroad Commission.
at is further stipulated that upon
the remandng of the said cause back
to the said Railroad Commission,
the said Board of Railroad Commits
sioners shall set the exception OF
the Western Union Telegraph Com
pany to the proposed orders of July
%, 1897, for hearing, and give the
said Western Union Telegraph
Company reasonable time, not eX-
ceeding thirty days, to prepare for
said hearing and to make full re-
port to the Commission and be heard
in support of the said exceptions be-
fore said Commission; and that IN
the meantime the said orders of July
%. 1897, and the rates fixed therein
shall not go into effect, nor be en-
forced against the said Western
Union Telegraph Company
''It is further stipulated that the
parties hereto will consent to the
entry Of an order dissolving the order
of injunction heretofore entered in
this cause, the consent to the vaca-
ton of the said injunction being up
on the condition that the said Board
of Railroad Commissioners shall hear
and determine the exceptions TO the
order Of July %, 1897, and make an
order thereon and that the rates pro-
vided in said orders shall not be put
into force until after such hearing
and . reasonable opportunity has
been xiven to the said Western Union
Telegraph Company to perfect its
appeal and give the bond required by
tho statute Of North Carolina if 1T
sheu11 desire to do so.
I'll b expressly agreed and under
stss1 that this stipulation shall be
wtuksut prejudice to the legal rights
OF ehfker party and all such rights on
behah OF either party are hereby re-
s<yvs7 TO each Of the parties as fully
a. II this stipulation had not been
mA1A.S
IL will be remembered that when thi
propestion was presented at the las
aaAe tanx, and the commissioners urged t
Sign h, the attorneys for the Railrod'
Commissioners asked that the agreemen
shoula not be railroaded through q
there a. no cause for any unnecessar
hastss Judge Simonton having post
poned the hearing of the restraining OF
der TIL November 23rd, there would b
plenty Of time, they said, to maturel
consider the effect Of the stipulation
which had been most carefully draw
By the counsel of the Western UniOr
and = amend it as might seem good.
The Commissioners took the advice
their counsel and declined to act upon tn
question precipitately, and fixed to-da
~ The day for further consideration o
tho ssatter.
when the question is taken up thi
morninx counsel for the Commissioner
viii Bssommend that the proposed stipu
kalfOu BG ACJCNtS0 anu tbdt q ouOStASu,s
which they have submitted to the Com
mnsisa, be offered to the attorneys o
the Western Union, and they be give
the alternative Of accepting it or fghtin
the matter out as it now stands in tn
Federal court.
This counter-proposition is, in effect
that the case be taken out of court, tn
rate question be remanded to the Com
mission again for re-hearing, and in cas-
the Western Union wants to appeal froI
the decision, it be to the State courts an
in no ease to the Federal court. This
the ultimatum Of counsel for the Con
nissioners.
In this connection also the followin
from this weeks Caucasian is Of inter
0sti
'~rhe Caucasian has information
which leads it to believe that the
Western Union Telegraph Company
il attempting TO work deal with
the Railway Commission. We I'M
derstand that the Western Union
wants to withdraw it's injunction 30
a. to remove the trial Of the case
from the courts and to remand it to
the Commission. There is nothing
that the Western Union fears SO
much az an investigation. Besides,
they know that it can be proven in
court that fifteen cent rate is not
only Nigh enough, but too high. There
fore, their plan seems to be to get
ths Commission to remand the case
and to agree to put the rate back to
twenty-five cents On condition that
the Western Union will agree to pay
mere taxes. II we are correctly in
formed, the increase Of taxes under
thds deal, if it should be made, will
10 less than one thousand dollars q
year, while on the other hand, il the
fifteen cents rate were enforced the
saving to the State would be over
twenty thousand dollars per year."
The Western Union Company no
pays tax on $380,000 Of property. Pr
yious TO this year it paid On only $3.50
900; this year it was doubled. If IL
Caucasian is right, and the tax value