The Caucasian. (Clinton, N.C.) 188?-1913, 1898-03-31
THE NInEn-smE YEAR LEASE
GOES OFF At the COST Or TINE
SOUTHERN RAILWAY COMPANY.

Douglass. and They Give Their Views
A reporter OF The CAUCASIAN
called GU Col. Charles A. Coz k and
w. &. Douglas, Esa Who are eoun-
Sci for the State IN the matter OF the
ninety nine year lease and in certain
proceedings before the Railroad
Commission and before the courts
concerning the Southern Railroad.
The reporter n quested an interview
from them with regard to the com
promise OF the ninety -nine year lease
case before Judge Slmon'on.
In reply to questions from the re-
porter these gentlemen made the
following statements
The Governor and the directors OF
the North Carolina Railroad, under
the advice Of counsel, have agreed
that the papers in the ninety-nine
year lease suit may be submitted to
Judge Simonton. that he can enter
up such Judgment as he chooses.
This means, of course, that he will
give a decree declaring the lease to
be valid as between the Southern
Railroad Company and the North
Carolina Railroad Company, but in
order TO get this the Southern Rail-
road Company is to pay all the costs
of litigation and to pay back into
the State Treasury all that the Gov
trnor has paid out for lawyers fees.
1--WE consider this an excellent ar
rangemeni for the State. 1t puts
all the expense on the Southern Rail
road Company, and what do they
geti They get decree which all of
the lawyers believe they will get if
the litigation is continued. Judge
Simonton has already in substance
decided the case and delivered his
opinion IN writing. To appeal from
his decision would result in nothing
but additional costs which might run
up to anywhere from twelve to twen-
ty-f five thousand dollars.
"rhe corporation newspapers have
falsely said from day to day, that
the Governor had brought this suit
against the Southern Railroad Com
pany. The Governor never brought
any suit. The Southern Railway
Co. brought suit against the North
Carolina Railroad and against the
Governor and the Attorney General.
The suit was simply to set up the
lease and to declare it valid as be-
tween the Southern Railroad and
the North Carolina Railroad. The
Southern is really getting nothing
except a declaration by the Court
that they are entitled to what they
already have. Even to get this
we have compelled them to pay all
the costs and have saved the State
large amount Of money.
1.-The decree which they will get
does not in any way interfere with
the rights Of the people or of the
legislature to annul the ninety.nine
year lease by legislation. 1t is still
open for the legislature to pass a IL
cense law or to take any other meas
ure looking towards compelling the
Southern Railway to give up the
ninety-niDe year lease. The next
legislature can do anything that
could have been done by the last
legislature. The compromise Of the
lease case does not in the least af-
f, G: the power of the legislatr re-"
Reporter: "What could be the ob-
lect of the Southern Railway in pay
ing all of this 20 oney without getting
anything foriia You say that wbat
yen give them they woo)d get any
way, that is a decree or iudgn ent
from simonton, Their lawyers prob
ably know this as we'll as you do,
then why should they stand this loss
and get nothing for it,
To this quest ton Mr.. Douglas and
Col. Cook replied as follows:
"Well, ths Governor agreed to
withdraw certain penalty suits
against A. B. Andrews. These were
suits brought by the State against
him to recover penalties incurred by
him IN refusing or failing to produce
certain evidence. There is, and has
been all the time, more or less doubt
about recovering these penalties, and
very great doubt as to the amount
which would be recovered. The
withdrawal of these suits is the only
concession which the Governor
makes to the Southern Railroad
Company. 1t Is possible that the
managers of that Railroad are anx.
ious to get their lease suit out of the
way in the hope that it will hell
their securities. We do not know
their motives in agreeing to take
upon them selves all the expense o.
the litigation which they brought on
We do know that the compromise il
good one. and that the Souther,
Railway has been made to pay yer!
dearly for its performances in thi
Simonton suit. We regard the re
suit as a victory for the Governor.