The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-06-10
VIGOROUS SPEECHES
A Storm OF Logic and Elcqnence
in Simonton's Court.
DAY AND AVERY SPEAK
AND THE SOUTHERN ATTORNEYS
vISIBLY DISCONNECTED.
CARLISLE is CONCiLATORY
He Skiifully Avoids the Strong Points
of the Defendants Counsel--
Simonton Now Has the
DAY AND AVERY SPEAK
CARLISLE is CONCiLATORY
Case.

Asheville, n. c., June Especially
lease case drew big crowd to the court
house to-day President Spencer, Vice
President Andrews, Associate Justice of
the Supreme court Douglas, were present
Capt. w. Fl. Day, for the Governor
spoke first. He said
Words We're spoken here yesterday un-
| fit to be said. Has Russell refused the
bribes of the Southern Railroad people,
that he should be called Dugald Dalgetty
by its counsel, Crawford? there is no
corpora ton but has done some good act
save the Southern Railroad Company. 1t
began with the corruption of public of
cial 1 was amazed to see the Southern
introduce Carr's message here. That
message was in RusselPs hands two
months before he was inaugurated. 1t
was drawn by corruption counsel. The
speaker made an eloquent defense of
Russell. Day contended that Russell
was beyond the power of the court and
| second that there was no equity in the
bill to sustain suit or injunction. Many
| authorities were quoted.
J. S. Manning of Durham, for the old
Directors, read affidavit by them deny
ing the charge of fraud and collusion with
| the Southern. Crawford read affidavit
| from President Andrews that there was
no fraud and that the old Directors knew
nothing of the suit until it was brought.
Manning said he was mainly interested in
| the Status of the old Board. He con-
| tended that the original charter of 1S49
gave the Governor the power of removal,
| bnt the amendment of act 1855 which
| changed the States interest did not, but
act of 1874 gave power of removal,
but it was not part of the charter be-
cause never accepted by the company.
| Carlisle made a conciliatory speech, he
said no attack was made on the State,
that the State stood as a private person.
| In this matter the qVestions are: First,
| has the Southern Railroad valid lease
| to the North Carolina Railroad. Second,
was that lease executed by lawful au-
| thority of the State. The injunction must
| issue if these questions are an
| swered affrmatively; the act of
1893 gives the property owner
| the power to ferret out any claim
| ants and require them to show their title
| 1t was a fine effort, but it skilfully avoided
| the strong points of defendants counsel
Judge Burwell made a vehement
speech for the old Directors denying any
| fraud or collusion.
Judge A. G. Avery spoke for two hours
and the Southern's attorneys were vislbly
| disconnected. His was a great speech
| and an elaborate te defense of Governor
| Russell. Russell was not liable to coer-
cion and without the act of 1893 the
| Southern had no power ito seek to remove
a cloud on title and that act did not give
| the power as the matter in controversy
was not land.
Judge Shepherd for Walser made con-
| else talk on law points when Simonton
| took the case under advisement and said
that he would decide as early as possible
by Associated Press)
Asheville, n c., June 9.-Argument in
| the injunction case of the Southern Rail-
| way against the North Carolina Railway,
Gov. Russell and others, was resumed in
| the United States Circuit Court here to-
| day.
w. II. Day, of counsel for the defend
| ants, said: Gov. Russell has only de-
| clared his intention to test the validity
| of this lease. In 1871 this company ap-
peared i'll our midst. The story of their
| first act is the corruption of q North
| Carolina official. Six years before the
expiration of that lease they undertake
to again lay hands ON this property.
| Then the Governor simply says he will
investigate the lease.
'"Ihe people of North Carolina are not
afraid of Federal courts. We remember
| when a Federal Judge saved the liber-
| ties of the people of the State. We are
| jealous of our rights. From the fact
| that the lease of 1871 was valid for thirty
| years, it does not follow that one is
| good for ninety mine years. For all prac-
| teal purposes a lease for such time
| would be sale.
"It is a curious phase that Gov. Rus
| sell is the only man these people have at
tackled 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
| upon the people Of North Carolina unin-
yitad The Southern has no 0uarTel with