Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-11-03
Judge Simonton Files an Important
Decision at Raleigh.
4 VERY FUNNY CASE
Tho Jones Case Referred Much Ltti-
CATION over small Amount of
Money Big Revenue Collection u,
Durham : Dcepor and Deeper In
Trouble-Didn't Go To Do It-Hrrs.
Jackson's Conditions

e.
Raleigh. N. c., Nov. Fudge Simon
ton shas filed his decision here in the
important case of Mrs. Virginia Is.
Matthews. of New York, q. stakeholder
in the Carolina Central railway, against
the Corporation Commission, to pre-
vent the latter from reducing the mini
mum carload rate on commercial fer
tilizers. Judge Simonton decided that
the commission has authority to reg
ulate and fix reasonable rates for rail-
ways chartered since 1865. and, there
fore. the right to make this reduction.
ableness of the rate fixed to e. S. Mar
TIN. Of Wilmington. The most signifi-
cant feature of his decision is in this
sentence: No issue can be decided by
affidavit with any degree of saufac-
tlop." This leads to the belief that
cial master in the cases argued at
Asheville to test the power of the Cor
portation Commission to increase the
tax assessment Of railways.
JONES CASE REFERRED.
Judge Moore has recided te refer to
referee the case Of the county against
eX-Sheriff Jones to recover from his
referee has not yet been selected.
In making this reference, however,
the court ruled that the county COM
missioners alone had q right to pass
upon the insolvent List and the referee
Will have nothing to say about this.
There were. however, certain land
sales for taxes On these Jones not
only gets credit for collecting the taxes
put also a fee for selling. This the
commissioners refuse to allow on the
nf Ia,, ii
mad other property out of which the
sheriff might have made the taxes
a FUNNY CASE
One of the funniest cases ever tried
IN Wake county court house was tried
there yesterday in the Superior court.
The title of the suit was H. H.
Marshburn, VS.. CASTOR T. Powell The
amount involved was only $3.50.
Marshburn, who is Il country physi-
clan, had been called to see a negro in
Powelrs employ. The doctor was in
no hurry about going to the sick negro.
When he got there the negro refused
ito have him. The doctor went away.
Later he presented Powell the bill
and Powell refused to pay It, Marsh
burn sued him and got judgment for
sl.50 before Magistrate John Nichols
Powell appealed, and yesterday in
court his attorney declared they would
take the matter up to the Supreme
court before they'd pay that s1.5O.
Both lawyers made long speeches on
verdict against DIR. Marshburn.
REVENUE COLLECTIONS.
A special from Durham says: The
month OF October was the best in
revenue circles OF any month in the his
tory of this city. Collector Rigsbee's
cash sales of revenue stamps amounted
TO S215, 469.63. Exports amounted to
s99.24S.25. Total. s3A,717SS. The in
crease at the revenue office and also at
the Dostof1lcc shows more forclbly every
month the great need of a public
building here.
DEEPER AND DEEPER.
j. l.. Roberts, who-fs-runfinpG- il,
jail at Greensboro on a charge of pass
ing worthless checks on two of the city
hotels, seems to be getting deeper into
the meshes of the law all the time II
is now thought that it is he who stole
fine overcoat from Mr.. Brown. pro-
prietor of the Marlborough House of
TINS city some days ago. Roberts has
this coat with him din Jail. Mr.. Brown
mas written to Greensboro about the
matter and will send some one there to
identify the garment Roberts also
has a valise, the contents Of which are
marked as belonging to White. 1t ap-
pears that the grip is the property of
Mr.. White. n drummer. who will come
DIDN'T GO TO DO 1T.
Burrell Shouse. the young man who
was shot in Salem Monday night by
James Bryant, died last night. He
was conscious to the last and made n
statement to the effect that he did not
think the shooting was accidental. as
Bryant pointed the pistol directly at
him and fired The dying man added
that he and Bryant had always been
good friends and had never had a. our
rel. therefore he was unable to explain
his motive for shooting him. In an in
terview to-day Bryant claimed that he
had no intention Of shooting his friend,
and the pistol fired accidentally, but
he was unable to explain why or how
he shot. He said he loved Shouse and
regretted very much killing him.
MRS.JACKSON'S CONDITION.
The Charlotte News says; Mrs.
Stonewall Jackson, who has been
absent from Charlotte for several
months past, returned home last night.
Mrs. Jackson has spent much of her
thine while absent in being treated i'm
different hospitals. Mrs. jackson. the
News regrets to say, returns to her
home not very much benefited by her
trip
RApEfIr