The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-14
AFFIDAVITS COMPILED BY THE
STATE COVER THE CASE
COMPLETELY.
RAILROADS ACCUSE COUNTY OFFICIALS
Of Being Unwilling TO Give Testimony Except
Under Compulsion. Whole Afternoon
Consumed by Evidence of Stae.
The Railroads Presented
but 282 Affidayts.

Asheville, n. c., Sept. 13.-(Special)-
| am able to state tonight that Judge
iSmonton does not look upon the case as
one for reference to Commission.
The State has produced such mass
of testimony, SO thoroughly covering the
case that he does not consider it neces-
railroads, he thinks, have introduced
about all the evidence they will ever be
able to get. As he regards the burden
of proof as being on the side Of the rail-
roads, he will give them the opening
and conclusion of the argument
The first day of the railroad tax in
junction case is at an end and all the
starch of confidence IS taken out of the
railroad attorneys. They are Jonght sim
ply fighting for standing room No lon
ger have they hope of winning the case.
We think, however, we will be able to
show serious conflict of evidence, that is
to say probable cause. This will necessi-
tate a continuance of the injunction and
the appointment of a commissioner to
take evidence to settle the matter" one
of the railroad attorneys told me tonight
As il further evidence that this is what
they are hoping for, affidavits were to-
day introduced setting forth that they
had met with great trouble in securing
evidence, county officials and assessors
being unwilling to give Testimony unless
summoned by subpoena to do SO before a
court of competent jurisdiction Less
than two hours sufficed for them to put
in their evidence, consisting of 2S2 affi-
davits.
The whole of the afternoon session
was consumed by the State in reading
the court adjourned only
Its evidence, and at five o'clock
about half of the counties had been
gone over.
The reading of these affidavits will
be resumed tomorrow morning at 10
o'clock.
The preparation of the evidence in this
case by the attorneys for the Corpora
f1on Commission is something remarka-
BILE.
They have 2,735 affidayits, taken in
81 of the 90 counties of the State. OF
these 1,206 are from tax assessors. 263
are from members of boards of eaualiZa-
ton, 100 are from county officers. 81
from lawyers bankers and money lend
ers, and S73 from citizens in various
walks of life. These are presented
against the 282 affidayits, put in eyi-
dence by the railroads, the latter.
in great part, coming from railroad
attorneys, agents and employees
with now and then a tax assessor or
county officer.
The first affidavits presented were by
Captain Price for the Southern Railway
There were 157 Of them from 80 coun-
ties, principally those through which the
Southern runs Only 26 of them are
from assessing officers.
Probably stronger ones We're by
George 4. Bason Southern Railway at
torney at Charlotte; a. III. Price, South.
ern Railway attorney at Salisbury an ]
by j. Williams, now the Republican
sheriff Of Henderson county, but for fir-
teen years the Southern's agent at Hen.
dersonville.
From Wake county there were -four
affidayits, one from Vice President
Andrews, one from John Campbell
Mebane, dealer in railroad securities in
New York. and two from Weldon
Smith, clerk of f. H. Busbee. Southern
Railway attorney.
In one of Smiths affidayits he makes
the following comparison of values taken
from books in registers office and values
on tax books.
Residence Of w. H. Worth cost 81 900
tax value $1,000; residence of Judge
Purnell $1,000. tax $1,000: residence OF
Clerk Russ S3, 100, tax ST 900; farm OF
Judge Montgomery, S2,100, tax 81 900
residence of G. G. Mcdonald $500
tax $4,000; tenements of o. J. Carroll
$500, tax $4,000; lot of III. w. Miller
5000, tax $500: lot of j. ID. Boushal
$500, TAX $500; Harding residence So.
GEO. tax $500; store of S. T.
Smith $4,000, tax $4,000; another
store of S. L. Smith So, 100
tax $1,000: residence of S. II
Smith S4500, tax $4,000: residence OF
o. ]. Carroll $500, tax $4,000; lot OF
J. G. Drewry, 5000, tax 800: residence
Of Jas. A. Higgs $1,000, tax $4,700
residence of Garland Jones $1,000, tax
$4,000; residence Of c. I. Baily $4,000
tax $1,750; residence of w. G. Kimbal