The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-11-18
BUT COURT STOPPED HIM
MILLS RESORTS TO THE INJttNC.
TToN REMEDY.
WORK HAS BEEN RESUMED ON HIS ROAD
The Papers Served Early in the Morning and
Almost Immediately Thereafter the
consicis Began Digging
the Dirt,

Aherc is hot hight on between the
Raleigh and Cape Fear Railroad and the
Cape Fear and Northern Railroad.
The FIRST named road is being built
from this city toward the Cape Fear
river in Cumberland county. about
twenty miles of il having been COM
pleted. 1t is backed by the Southern
Halfway. and Mr.. J. A. Mills, Of this
city is It's president and general manager.
The Cape Fear and Northern Railroad
is believed to be backed by the Seabeard
Air Line. Ii is being built from Apex
10 the Cape Fear, some fourteen miles
Of it being about completed. Mr.. b. y.
Duke. of Durham, is its president. and
Mr.. John G. Angler, of Cary, its general
manager.
As the two roads run TO practically the
same point. traverse almost the same
territory and We're designed for primarily
the same purpose-deyelopmen of the
lumber interests between here and the
Cape Fear river, there is naturally
pretty sharp rivalry between them.
So the other day when Mr.. h. q.
EnniSs, a farmer III Marks Greek
Township. decided that he, would not al
low Mr.. Mills right Of KAY across his
land FOR his road. and he'd up the con-
yiets at work on il with Il shot gun, the
rival road naturally became very much
interested in the proceedings and back
"a Mr.. Enniss, il il said for MI il was
worth.
OF course the Cape Fear and North
~
could nor permanently stop the Raleigh
and Cape Fear road, but it would cause
it much delay in It's work and an en0r-
nous expense. For righe Of way could
nol be obtained by condemning the land
within less than tea Or fifteen days, and
In the meantime the State must be paid
for the eighty idle eongicts Just as ifl
they were 1T work.
But 1t was not because its rival Mas
being damaged. but because ii was III
SELF being benefited that the Cape Fear
aud Northern was IN This fight. Every
days delay In work on the other road
meant a days gain in work on it. and
that iii turn meant that IL would get that
much ahead into the rich timber Sec
tisns Of Harnett and Cumberland coun-I
ties. and the first road to get in there
would get the lions share Of the timber.
So much for the motives involved;
now as to the fight itself.
On last Friday morning, as the read
ers OF this paper viii remember. Mr.. Il.
q. Enniszs. farmer in Marks Creek
township, met the convicts on their way
to resume work Of grading the road
across his land. aud. an the point Of a
gun forbade them coming on his premises,
even to get their tools.
or course they did moi 60 on il. but
Mr. Mills came 10 Raleigh and had Dir.
Enniss summoned before Judge Walter
Clark 10 answer for his action. Judge
Clark examined the deed To right Of
way given AIiII~~hy EnniSs and decided
fllat 1t WAS mo good, and that Enniss
therefore had a right to prevent the
CONFLICTS coming on lis land.
This seemed to settle ii and leave TO
Aiihs only the recourse ~ having the
right Of way condemned. Bnt not 80.
The injunction was still left him. To
condemn the land would require some
fwo weeks. TO get m injunction re-
straining Enniss from ol,sffmcIing hiTn
or iii any way interfering with the.
grading aud building Ut the read would
BE- hut d matter Of few hours.
Naturally Mr.. Mills chose the latter
course and thereby stole q march ON his
riYaae Tuesday he sent his attorneys.
douglass and Simms. 10 Smithfield 20
see Judge Bryan and get the injnnc-
ton.
They got II and IL was served ON En-
miss early yesterday morning. and inn
inediafeiy thereafter the c0nyicts march
ed on bis land and work on the road
was resumed. The case ii 10 be heard
an December 9Th. before Judge w. \.
OBJ. Robinson. IN Goldsboro. BY the
expiration Of that time the road will be-
built and trains running over 1t.
Mr. II. II. Norris. attorney for the
cape Fear and Northern Railroad. who
stayed here until "Wednesday Afternoon.
10 watch the proceedings 81 the other
side, was yesterday taken as much by
surprise 1T the turn affairs had taken
~ VAS Enfliss when he saw the railroad
building going on and he powerlcss 10
prevent IL.