The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-06-07
THE CAROLINA CENTRAL
AN Observation-Disclosures
ACTION SORT OF THING.
AGAINST CORPORATION COMNISSI0NITal
The "et al Means all the Courts in North Car.
DINA. Case 10 be Heard at Ashevile
July 18th. Injunction Against
New Fertilizer Rates,
New Fertilizer Rates.

On complaint of Mrs. Virginia Il. Mat
thews. of New York State and the owner
of $4,000 Of the first mortgage bonds
Of the Carolina Central Railroad Com
pany, Judge Simonton, of the United
States Circuit court, has issued an III
junction against the North Carolina Cor
poration Commissioners. and others to
prevent the enforcement, OH the Caro-
lima Central Railroad, of the order Of
April 9th, fixing Il new freight rate
on fertilizers.
The title of the action is Virginia j.
Matthews VS.. The Board of Corporation
Commissioners of the State of North
Carolina. Franklin Mcneil, Samuel J..
Rogers, e. G.. Beddingfield. Zebulon V.
Walser. Rudolph Duffy, c. NJ. Mclean,
j. NJ. Webb and the Carolina Central
Railroad Company.
They and each of them are col..
manded to show cause before Judge Sim
onton, Mt the United States court house
in Ashcvile on the 10Th day Of July.
1899, at 10 o'clock. why the relief ASKED
shall not be granted and why the IN
til the proper hearing of this caus,
1t is further ordered that until after
the entry and filing of any such order
as the court may make upon the Pear
ing, the Corporation Commissioners are
enjoined and commanded to restore the
old rates of fertilizer freights as existing
prior to the PRONUNCIATION of the recent
order Of the commission reducing the
rates on fertilizers over the line OF the
Carolina Central: also to rescind and
suspend the operation of this ortlcr re-
ducing rates. They are restrained from
putting into effect the rate over the Car
Dina Central Railroad or permitting it
to be put into effect. And the commits
sioners and the Attorney General and the
three solicitors above named and their
successors in office are forbidden anil
enjoined from instituting or authorizuts
to he instituted any suit or action against
the Carolina>C Central Railroad Company
for the recovery of penalty for failure
to put the order in force.
The commission is further restrained
and enjoined from certifying any cory
of the order and from delivering it to
any solicitor in the State or to he Al
torney General: or from furnishing any
of enabling such a suit to be prosecuted
against the Carolina Central Railroad
Company for failure to put III force the
rate.
1t is further ordered that the commits
sioners shall not issue or cause to sSlic
any further or other order reducing The
rate for freights over the Tines ri the
Carolina Central Railroads
49, LIT In Il Il off .,y,i. 40
Carolina Central Railroad Company, nc
and it hereby is forbidden, restrained
and enjoined from obeying or submitting
10 any such order reducing or seeking
TO reduce the rates of freight for feitih-
zers over its lines of railroad. ana from
publishing any schedule Of rates for t"'-
tlizers lower than the rates existing
prior to the said 9th day of April, 1899.
until the further order OF THIS courr.
1T is further ordered that the com
plainant Virginia Il. Matthew'S enter
into an injunction bond in the penal SUM
of $1,000 with sureties to be approved
hy the Judge of this court as indemnify
for the defendants in case this suit IS de-
cided against said complainant.
The complaint upon which the above
Injunction is based sets forth the follow
ing facts:
That the complaint is resident
of the city and the State of New York.
and has been for twenty years the owner
of first. second and third mortgage
bonds and stock in the Carolina Central
Railroad Company. and is now the OWL
or and holder of ~ of the first mort
gage bonds OF said Carolina Cenira
Railroad Company, of 81 600 each.
III, "A Ir
NeilI Samuel l.. Rogers and f. {. BED
dingfeld now form and conSt;u;" the
Board of North Carolina Corporat,ni