The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-10-20
WESTERN UNION TELEGRAPH
CASE

WESTERN UNION TELEGRAPH
CASE.
The Commissioners held another SEES
sion at 3 o'clock for the purpose of con
sidering the following stipulation, draft
cd by the attorneys of the Western
Union Telegraph Company and submit
tod to the Commissioners for their sigma
lures:
at is hereby stipulated by and be-
tween the parties hereto, that the plain
tiff herein shall consent to the removing
of the case pending between it and the
Railroad Commissioners of North Caro-
lima and removed by it into the Federal
Court. from the said Federal Court
back to the said Railroad Commission.
@It is further stipulated that upon
tie remanding of the said cause back to
the said Railroad Commission, the said
Board of Railroad Commissioners shall
set the exception of the Western Union
Telegraph Company to the proposed or
ders of July 23rd. 1897, for hearing,
and give the said Western Union Tele-
graph Company reasonable time, not ex-
seeding thirty days, to prepare for said
hearing and to make full report to the
Commission and be heard in support of
the said exceptions before said Commits
sion; and that in the meantime the said
orders Of July 23rd, 1897, and the rates
fixed therein shall not go into effect, nor
be inforced against the said Western
Union Telegraph Company.
It ie further stipulated that the par
lies hereto will consent to the entry Of
an order dissolving the order Of injunc-
ton heretofore entered in this cause,
the consent to the vacation of the said
III. L1s
said Board Of Railroad Commission
Ms, shall hear and determine the ex-
ceptions to the said order Of July 23rd.
1897, and make an order thereon and
that the rates provided in said orders
shall not be put into force until after
such hearing and reasonable opportu-
nifty has been given to the said Western
Union Telegraph Company to perfect
Its appeal and give the bond required
~ the statute Of North Carolina il it
should desire to do So
sit is expressly agreed and understood
that this stipulation shall be without
prejudice to the legal rights Of either
party and all such rights on behalf of
either party are hereby reserved to each
OF the PARTIES as fully as If this stipula-
.s-- Id Id not been made"
Judge Holiday, of Richmond, Va;
Mr.. f. Fl. Busbee and Mr.. r. G. Strong,
Of Raleigh, appeared before the Board
and urged them at once to enter into the
agreement.
Col. Jno. w. Hinsdale and Mr.. w. G..
Douglass. attorneys for the Railroad
Commissioners. appeared before the
Board and asked that the agreement
should not be railroaded through as
there was no cause for unnecessary
haste; that Judge Simonton had post
Doned the hearing of the restraining or
der till November 23rd, so that there
would be plenty of time to maturely con-
slider the effect of the stipulation, which
had been most carefully drawn by the
counsel for the Western Union and to
amend it as might seem good, and they
suggested to the Board that it would be
more orderly for them, as parties to the
suit in the Federal Court, to have con-
sultation with their own counsel before
they listened to the advice of the counsel
OF the common enemy.
The Commissioners declined to act up
on the question precipitately. but fixed
Friday. the Goth as the day for further
consideration of the matter.