Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-06-10
SOUTHERN R'Y CASE.
ARGt MENT on THE PROPOSED IN
JUNCTION AGAINST RUSSELL.
SPEECH CT EX-SECSETARY CARLISLE.
No OratoricaI Dispiay-rhe Talk
That OF n observation-disclosures. Day,
Defence.

AsHEvILLE, y. c., June 9.-Argument
in the Injunction case of the Southern
railway against the North Carolina rail-
way. Governor Russell. and others, was
resumed in the United States Circuit
Court here to-day.
w. H. Day, Of counsel for the de-
PENDANTS said: Governor Russell has
only declared his intention TO test the
validity of this lease In 1871 this COM
panv appeared in our midst. The story
of their first act is the corruption of a
North Carolina official. Six years before
the expiration of that lease they under
take to again lay hands on this pro-
perty. Then the Governor simply says
ne will investigate this lease.
"The people Of North Carolina are not
afraid Of Federal courts. We remem-
Der when a Federal judge saved the
liberties of the people Of the State. we
are jealous of our rights. From the
fact that the lease of 1Sn was valid for
thirty years, it does not follow that one
is good for ninety-nine years. For all
practicable purposes. lease for such
time would be a sale.
1T Is a curious phase that Governor
Russell is the only man these railway
people have attacked, and it turns out
that he is the only Governor that has
gone against their will"
Hon. John G. Carlisle followed. In
opening he remarked that the Southern
Railway Company did not obtrude itself
IA ina rfreff
invited. The Southern has no quarrel
with the people Of the state. The South
ern does not apologize for coming here.
while / will go as far" he said. "as
anybody in UNFOLDING the rights OF the
state. / would not hesitate TO sustain
the right of this court in a decision OF
question Of right and wrong. As TO the
rights of the State Of North Carolina, as
sovereign. we make no question. The
questions in this case are:
HAS the Southern Company a valid
lease?
WAS it executed in the exercise of
power under the law?
IF so. then was ii fairly procured?
IF the North Carolina Railroad Com
nany has the right to make a lease for
thirty years. what is there in the law
10 prohibit it from making a lease for
ninety years? The validity of the lease
being conceded then. why may not there
be lease for a term OF ninety-nine
years?
The present action is in the nature of
bill to quiet title. Ii is sufficient in such
cases that the owner IN possession of the
property is threatened"
JURISDICTION MAINTAINED.
Mr.. Carlisle maintained the jurisdiction
OF the court. and concluded as follows:
Il have nothing 10 say about the con-
duct of the Governor Of North Carolina.
Sometimes men are overzealOus in even
good causes We hold that as agents Of
the North Carolina Company. the Cover
nor and Attorney-General are just as
amenable to the law as any individual
stakeholder"
Mr.. Carlisle spoke exactly only one
hour Those who expected an orator.
cal display were disappointed. His
speech was that Of a logician. Mr.. Car
Isle drew with especial clearness the
distinction between the duties of the
Governor and the Attorney-General, as
representing the States interest in pro-
perty. and as representing the States
sovereignty in its visitorial powers over
lie emphasized the fact that
the complainant asked no relief in the
latter capacity but merely as represent
ing the States three-fourths interest in
the property as a corporation.
Judge \. c. Avery. of MorgantOn,
closed the argument for the defence, and
Judge j. T.. Shepherd followed on behalf
of Attorney-General Walser. closing the
case. Judge Simonton said he would
take the case under advisement, and
render his decision as soon as possible.
In the suit OF the Central Trust Com
pany, of New York, vs.. the North Caro-
lima railroad. the same pleadings were
filed, and the case went 10 the court
without further argument.