The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-15
SIMONT0N AGAIN
he GIVES ANOTHER DOSE or GOVERN"
MENT BY INJUNCTION.
0yerruIes State Courts Just as the Southern
Railway Desires Charles Price Gets
Iniunctons and Certioraris.
CC,snrlotte Observer

(Chnrlotte Observer
Salisbury. March 13.-The Federal
Court has decided to take hand III tIle
Western North Carolina Railroad re,
coivarship case. II Will he remembered
| +bat ot the close of the recent term OK
| Rowan Superior Court, Judge MclVef'
If chambers. upon application Oh co'n-
sol for the plaintiffs in the actloh men
Lngun Inv s. II. Pearson and Mrs.
| (sLpnive James against the western
| North Carolina Railroad Company, IS
s11ed an order to the defendant to snow
cousn before him at Lexington on
wednesday. 10th inst, why Il receiver
Far. tha Western North Carolina Rail-
road COMPANY should not be appointed.
| Mr. Pearson sued ms Il stakeholder OF
the defendant company, and Mrs.
| lanes as administrators Of her deceaS-
ed husband, w. A. James.
One of the principal objects of the
euit is 10 subject the property OF the
defendant company to the payment OF
the judgments obtained by Mrs. James
and Mrs. Fannie T.. Howard against it
in the sums of $4,000 and $4,000 re-
| spectively. The Southern Railway Com
pany resists the action upon the ground
| that it is now the owner of the property
| and franchises Of the Western, having
| purchased the same at n sale made by
| Chas Price, special master. under de-
cree of the United States Circuit Court
| for the Western district Of North Caro-
| lima, in the suit of the Central Trust
| Company of New York. against the
| Western North Carolina Railroad Com
pany. Upon supplemental bill filed in
this suit in the Circuit Court of the
| United States by Hon. Charles Price,
division counsel for the Southern, Judge
| Charles IT. SimOnton, of the Circuit
Court has granted an order to the de-
| PENDANT. restraining the plaintiffs, Pear
son. James and Howard. their agents
and attorneys, from further proceedings
in the receivership case until the hearing
before him at Greensboro on April 9th,
| ON which date no makes the order re-
| turnable. The following is the important
order of Judge Simonton:
United States Circuit Court
| Western District Of North Carolina.
In the matter of the suit Of the Central
Trust Company. of New York. against
the Western North Carolina Railroad
Company and another.
ORDER.
| On the petition and bill, supplemental
filed by leave of the court in the above
| entitled suit and the exhibits filed ms
| part thereof il is ordered that the suit
as entered above, depending in the
/ Circuit Court of the United States, for
| the Western district of North Carolina,
he advanced and placed upon the docket;
and that the complainants' and petition
| crs bill and petition, for injunction and
| restraining order, pursuant to the prayer
4 of the petition and bill, he set down for
! hearing at II o'clock M, before me at
I Greensboro. North Carolina, within said
4 district, on Tuesday after the first Mon
day in April, being the 9th of April.
1898, or as soon thereafter as counsel
can be heard. This being proper case
| for granting a temporary restraining or
der and decreed that until the hearing
of such petition and bill for injunction.
| and the further order of the court
i thereon, the respondents, the said s. II.
| Pearson, Mrs. Clcmye James and Mrs.
| Fannie II. Howard, personal representa-
| tives as set out in the bill, are restrain
ed and prohibited from proceeding any
further in the action set out in the bill
| depending in the Superior Court of
| Rowan county, or from beginning any
other action proceeding for n similar pur-
pose, either by themselves, their agents
| or attorneys.
1t is further ordered that n certified
| copy of this order be served upon the
respondents, the said S. II. Pearson.
| Mrs. Clemye James and MrS. Fannie
Howard, by reading and delivering a
| copy thereof. 1t is further ordered that
| StllpCenas and notices issue to the
said respondents, as prayed for in the
| bill.
(Signcd) CHAS. II. SIAIONTON,
Circuit Judge.
March 18th. 1898.
Judge SimOntOn also directed n writ
OF certiorari to issue to the clerk of
| Rowan Superior Court, commanding
him TO furnish and file in the Circuit
| Court of the United States certified
| transcripts of the records i'm the new
actions Of Mrs James and Mrs. How
ard against the Southern Railway Com
pany. 1t viii be remembered that Judge
| Mclver, at the recent term of Rowan
| court, declined to make an order remov-
ing these cases to the Federal Court.
( or to order the clerk to furnish trans
| crIpts as prayed by counsel for the
| Southern.
Captain Chas. Price, division counsel
| OF Inc Southern, returned to-day from
| LharleStoh, where he had been to see
Judge Simonton in regard to granting
this restraining order
| These cases are becoming decidedly
| interesting. 1t is surprise and counter
surprise check and counter-check. and
the able counsel on both sides will hard
| ~ allow the interest to flag for some
SUICIDE SAID TO BE EPIDEMIC.
DR.. La Rue, the famous French au-
| th0llty ON abnormal phenomenal, and Il
professor in Laval University, has, after
exhaustive comparison of facts in
France, Belgium, England and the Uni.
| ted States, come to the conclusion the
| inclination to suicide is "a mania, and
is epidemic. There seems to be strong
confederation of TINS III our own coun-
| try where one suicide-particular |
| among young females-follows another. |