The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-11-03
IN THE FERTILIZER MINIMUM CAR.
LOAD CASE.
POWER OF THE COMMISSION
To Regulate Railway Rates Where
Charte Was Granted since Is6 sus-
tanned The ReasonabIeness Of Re-
ductfon In this Case Referred to T.. =.
Martin-Same Question to be Heard
In State Courts as to Railroads Char
tered Prior to 1865.
Especial TO The Messenger.)

Raleigh, n. c, November 1.-The
opinion Of Judge Simonton in the case
Of Mrs. Virginia 3. Matthews, Of New
York, stockholder in the Carolina Cen
ira railroad, against the North Caro-
lima corporation commission. was filed
here today in the office of the clerk OF
the circuit court.
This is the case argued before Judge
Simonton at AshevilIe. involving the
right OF the corporation commission
to reduce the minimum on carload
shipments of fertilizers from fifteen 10
ten tons.
Judge Simonton decides that the
commission has authority TO regulate
rates for the railroads and therefore.
the right to make reductions.
The question as TO the unreasonable
ness of the rate fixed by the commits
sion is referred by the judge to E. s.
Martin, special master. Ex-Judge
Shepherd, standing master. appearing
as counsel in the case, is disqualified
in this case. Mr.. Martin is TO inquire
into the rates prescribed for carriage
of fertilizers and all facts bearing
thereon, and specially as to their rea-
sonableness, with leave TO report any
special matter. This caves the case
open for some time to come.
The most significant feature of Judge
Simonton's opinion is this sentence:
NC issue can be decided by affidavits
with any degree of satisfaction" This
statement leads strongly Ito the belief
that Judge SimOntOn will appoint a
special master in the railway taxation
cases, which were so deliberately ar
gued at Asheville and in which there
were a mass of affidayits.
A leading lawyer, when asked the
effect of Simonton's opinion in the
Matthews case, said:
Judge Simonton holds the corpora
ton commission has the right to fix
reasonable rates, where the charter
was granted since 1868, notwithstand-
ing there is a provision in the char
ter that the power shal vest solely in
the board of directors. In this case
the judge holds that the act creating
the corporation commission is an
amendment to the charter of the Car
DINA Central. 1t is further held that
the Carolina Central was chartered in
1881"
The same questions involved IN the
Matthews case come up in the Case
Oh Jn6 fLdlClSu anu IdSlOU dHu 1kdI-
eigh and Augusta Air Line railways
next Saturday in Wake superior court
Both roads appealed from the decision
of the corporation commission raduc-
ing the minimum or fertilizers. Bcth
roads were incorporated prior to 1868
and counsel for the railroads say they
will win.
Nine chapters of Daughters of the
C~onfederacy today sent through Mrs
John w. Hinsdale, to Mrs. Armstead
Burwell, of the Charlotte chapter,
treasurer of the state society, 1884 fol-
the love and sympathy fund for Mrs
Stonewall Jackson. The Henderson
chapter has raised see for this fund
Captains of all state guard compa-
MES today received photographic invita-
ton to attend the celebration in honor
Of Rear Admiral Schley at Atlanta
next Saturday, all captains to be
guests of that city.
The state treasurer has received q
letter from A. G.. Ricaud, of New York
saying he does not believe the Ameri-
a Banknote Company intends tC
print the penitentiary bonds. He ad-
vises the treasurer to haVe the work
done elsewhere.