The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-11-22
BUT COURT STOPPED HIM
MILLS RESORTS TO THE iNJJNC
TION REMEDY.
Wo9K HAS BEEN RESUMED on HIS ROAD
The Papers Served EsrIy in the Morning and
Amos Immediately Thereafter The
Conyic's Began Digsi g
fhp nir..
the Dir.

There is a hot fight 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
Railway. and Mr.. J. \. Mills, of this
city is it's president and general manager.
The Cape Fear and Northern Railroad
is believed to be backed by the Seaboard
Air Line. 1t is being built from Apex
to the Cape Fear. some fourteen miles
of it being about completed. Mr.. b. y.
Duke. of Durham. is its president, and
Mr.. John c. Angler. of Cary, its general
manager.
As the two roads run to practically he
same point. traverse almost the same
territory and were designed for primarily
the same purpoSe-development 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.. b. O..
Enniss, Il farmer III Marks Creek
Township. decided hat he would not al
low Mr.. Mills right of way across his
land for his road. and held up the con
victS at work on it with 4 shot gun. the
rival road naturally became very much
interested in the proceedings and back
ed Mr.. Enniss. it is said. for all it was
worth.
OF course the Cape Fear and North
ern people knew that such 4 proceeding
could not permanently stop the Raleigh
and Cape Fear road, but it would cause
it much delay in its work and an enor-
nous expense. For right Of way could
not be obtained by condemning the land
within less than ten or fifteen days, II
in the meantime the State must be paid
for the eighty idle convictS just as if
they were At work.
But ii was not because It's rival was
being damaged, but because il was ii
self being benefited that the Cape Fear
and Northern was in this fight. Every
days delay in work on the other road
meant a days gain in work on it. and
that in turn meant that it would get that
much ahead into the rich timber sec
TONS OF i~iarnett and Cumberland coun-
ties. and the first road to get III 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, rs the read
ers of this paper Will remember, Mr.. Il.
e.. ilnnisr. Il farmer III Marks Creek
township, met the c%onvicts on their way
to resume work Of grading the road
across his land, and. at the point of Il
gun forbade them coming on his premises,
even to get their tools.
OF course they did not go on it. but
MIR. Mills came to Raleigh and had Mr..
Enniss summoned before Judge Walter
Clark to answer for his action. Judge
Clark examined the deed to right OF
way given Mills by Ennis> and decided
that it was no good and that Enniss
therefore had 4 right to prevent the
conyicts coming on his land.
This seemed 10 settle it and leave to
Mills only the recoursc Of having the
right of way condemned. But not so.
The injunction was still left him. To
condemn the land would require some
two weeks, to get an injunction re
straining Enniss from obstructing him
or i'll any way Interfering with the
grading and building of the road would
be but Il matter Of Il few hours.
Naturally Mr.. Mills chose the latter
course and thereby stole a march on his
rivals. Tuesday he sent his attorneys,
Douglass and Simms. to Smithtield to
see Judge Bryan and get the i%njunc-
ton.
They got it and it was served on En-
Miss early yesterday morning, and i'm
mediatCly thereafter the ~conyictS march
ed on his land and work on the road
was resumed. The case is to be heard
on December 9th, before Judge w. S.
OBJ. Robinson. in Goldsh0ro. BY the
expiration of that time the road will be
built and trains running over it.
Mr.. Il. T.. Norris. attorney for the
Cape Fear and Northern Railroad. who
stayed here until Wednesday Afternoon.
to watch the proceedings of the other
side. was yesterday taken as much by
surprise at he turn affairs had taken
as was Enniss when he saw the railroad
building going on and he powerless to
prevent it.
STATE FAIR FIGURES.