The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-10

night when he traded away the States
right to appeal. You will remember
| because it was published in the News
| and Observer next day, that when the
| Corporation Commission took up the
consideration of the taxation of rail.
| roads, Col. John w. Hinsdale arose and
| said he represented the Governor and
was prepared to show that the assess
ment ought to be raised. The people
| will also remember that railroad at
| torney rose in the room and denied that
| Col. Hinsdale was authorized to rep
| resent the Governor. THE blow almost
killed father" Col. Hinsdale had been
| representing the Governor before the
Commission to secure an increase in
| the tax on the Western Union Tele-
graph Company and he thought that he
represented him ''in all capacities But
the railroad lawyers knew better and
they insisted before he began his argu-
| ment that Colonel H1nsdaIe go to
see the Governor and see if he
had been retained 10y him to
ask an increase in the assess
ment of railroad property. Accompanied
by some of the railroad officials Col.
Hinsdale went oyer to the Governors S
office and was told that he had no
client and that his appearance in that
case was unauthorized. Col Hinsdale
VINO had made an honest mistake had
to go back and tell the Commission
that the Governor had not employed
him in the railroad matter. Now, one
thing | am anxious to find out is this:
How did the railroad attorneys know
that the Governor had not employed
II 1cla h,1 loo.
understanding" between some of them
and the Governor? / wish somebody
competent to speak would explain that
to the people of the State. The Cor
poration Commission has no power to
hire attorneys, and it was supposed when
the Governor refused to employ counsel,
that nobody would represent the peo-
pie. But the Legislature had elected
three honest men who, with or without
outside legal help, proceeded to in
crease the assessment. Then came the
injunction. Did the Governor EN-
pIoy counsel? Not much. The Corpora
tion Commission employed attorneys
who agreed to take the case and work
without compensation unless the Legis-
lature would pay them. After it was
apparent that the Commission was going
TO prosecute the case vigorously, the
Governor suddenly decided that he would
employ the counsel the Commission had
engaged plus two Republican attorneys
who were his special. friends. / do not
say, but there are circumstances that
might have warranted some railroad
officials in believing that the Governor
would not employ counsel. and therefore
the States case would go by default.
That might have been cause for get
ting the injunction.
B. There is one other thing that might
have operated to bring losing suit.
The people have lost all confidence in
Judge Simonton. They know he was
appointed through railroad influence;
that he rides about or has ridden on their
private cars; that he almost always
decides with the railroad. particularly
when certain big system wants it done.
Now this thing has gone on until the
people say, of course Sim0nton will
decide with the railroad. The peoples
only hope is the Supreme Court. Now
the railroad and Simonton are tired OF
this and unless they can change it, they
lose the moral effect of Simonton's de-
cisions in matters of vital Importance.
The tax injunction case has been car
ried to every taxing district in the State
and Simonton has been 'cussed for is
suing it, Now, if Simonton holds that
the Corporation Commission is right
and the railroads are wrong, as he is
bound to do,--so argues the railroad
bosses-our papers can cry out, See
how just S;m0nton is. He has been
abused without cause, and called rail-
road tool See, in a case on which the
railroads had staked everything, he de-
cides against railroads. They argue
that such decision would destroy the
critics of Simonton, and that he would
be vindicated, and be ready TO decide
with them in big cases where great in
terests are involved. Wouldn't that be
worth all the running about and getting
up of affidavits and beating of tom
toms?"