The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-11-18
TO BE ARGUED NEXT FRIDAY.
The James Case Again Before the su.
preme Court.


issue an order on the defendants attor-
neys summoning them to appear Satur-
day. and show cause why Il direct order
should not be issued for the execution Of
the Judgment formerly rendered by the
Supreme court in favor or the plaintiff,
Mrs. James, who was given a verdict
for $4,000, in Rowan Superior court, for
the killing of her husband, Engineer w.
A. Jones. in an accident on the Western
North Carolina Railroad.
This motion was made by ATessrs A.
C. Avery. Lee S. 0yerman and r. +.
Long attorneys for the plaintiff, and re-
sisted by Captain Chas, Price and Mr..
Geo. +. Bason, attorneys for defendant
company.
Captain Price hoped the court would
set the matter for hearing at n time some
ten or fifteen days distant.
Mr.. Long objected TO this AS there
was no dispute as To the facts in the
case, he saw no reason why the hearing
or argument should be put mt SO distant
a day. lie and his associates would be
ready to argue the case even by Friday.
but Saturday would suit them as well if
the other side wanted more time.
Judge Avery said that as this was Il
lease in which this court was called ON to
assert its own authority and dignity, IL
ought to proceed at the earliest possible
moment Three days, he thought, gave
each side reasonable opportunity to pre-
pare argument And certainly. he said,
it would be much moro convenient to
counsel to have il heard then.
Capt. Price thought next Saturday
4..ns4f3 I.n M fSpan and Tanxf
urday certainly would not.
Judge Avery: "That would also b.
ample time to allow Judge Simonton To-
further restrain this conrt from further
IN the matter"
Chief Justice Faircloth: 1--WE are moi
running a race with any other court
Capt. Price: '''rhis court is supreme
Il sovereign cannot be enjoyed by
other courts.
MIR 0verman suggested that there
might be no notice served to stop the
court. but there might be one to stop the
attorneys from coming here and proceed
ing further with the case.
Capt. Price assured them this would
not be done.
Mr. Oyerman well it was done in
the Superior court"
The Judgment Of this court was Sent
down to Rowan county for enforcement
and therenpon we brought suit in that
court in the nature Of a creditors bill
and asked the appointment Of a receiver
for the road We got from Judge Nc
Iyer an order TO show cause some ten
days or two weeks later why he should
not appoint receiver While that mo-
ito nwas pending and before Judge Nc
Iver had acted upon the question OF the
of a receiver the parties and
attorneys were enjoined by Judge Sim
monitor, at tn instanc Of Capt Price,
failed To see the difference between en-
joining the mandate OF this court and in
terfering with this court when attempt
ing TO enforce lis own Judgment directly
by its own orders. "a
Chief Justice Faircloth announced M
this point that the court would during
the day fix a time for the hearing OF ar
gument.
Later in the day the court fixed next
Friday as the day for hearing argument
On the motion.
This case has most interesting his
tory. As above stated, il grew ont OF an
accident on the Western North Carolina
railroad, in which Engineer w a. James
lost his life.
Suit was brought BY Mrs. james in
the Rowan county Superior court, the
jury rendering a verdict in her favor, and
liking the damages at $4,000 An APP
peal was taken To the Supreme court and
the Judgment affirmed. Subsequently
the plaintiffs counsel began suit in
Rowan county Superior court for the APP
pointment Of a receiver for the Western
North Carolina railroad, with a view
Of levying upon such properties or effects
belonging to the defendant corporation
as IN inventory by such receiver might
ascertain. Pending the hearing Of this
case in the Superior court, the defend
ants counsel applied to Judge Simmon-
ton. of tile United States district court
for restraining order. restraining the
plaintiff or her attorneys from further
I'D the matter or receiver
ship, and Judge Simnionton granted the
order Of course.
Now te plaintiffs counsel comes he
fore Re State Supreme court to ask that
ii enforce its own mandate direct, and
that 1t shall order It's own marshal to
proceed to the execution of its own
judgment. And here comes what seems
to he a clash, IL would seem, between the
Supreme court Of North Carolina and the
Circuit or Federal court.
Capt Price, however, says there Is no
clash between the two courts.
An the decision Judge Simont0n made
was that the property of the Southern
Railway Company, which il had bought
at Masters sale, was not liable in salts
faction Of a Judgment against the old
Western North Carolina Railroad eorp0-
ration. The opinion Judge Simonton has
written" continued Capt Price, shows
this IL so, and he has no idea in the
world OF interfering with the orders az
the Supreme court Of North Carolina and
would not undertake to enjoin that couri
"a thing that has never been done since
the adoption Of the Constitution Of the
United States, All he has ever under
taken was 10 protect the property OF the
Southern Railway. bought at Masters
sale"