The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-16
ARGUMENT ENDS, WITH EACH
SIDE APPARENTLY CONFI- |.
DENT OF VICTORY.
JUDGE JOHNSON RAILROADS. TRUMP CARD
His Eloquent and lngenius Argument Mared
by Sneering Attacks on the State, the
Legislature and the Corporation
Commission. Judge Connor's
Able and Brilliant Speech
for the State.

Asheville, n. c., Sept. 15.-(Special) -
Argument in the tax case was concluded
this afternoon at $40 o'clock. The whole
hearing has consumed exactly three
days. Judge Simonton takes the papers
and all evidence and viii announce his
decision later. Twenty days are given
counsel to file briefs.
Fertilizer rate and telegraph tax cases
will be taken up tomorrow, the rate case
first. They will consume about two
hours each.
1t is hard to predict how the case just
closed will be decided. Both sides pro-
fess confidence, though, in the case of
the railroads, i have a strong
suspicion they are whistling to keep their
courage up. After having heard all the
evidence and the arguments, | should
confidently predict, were the case not
before Judge Simonton, that the rail
roads would lose it.
The last card played by the railroads
was their highest trump, TO be sure 1t
turned out TO be nine spot or perhaps
ten, but it was the best they could do
Will lHb pOpI 1ldllu lucy Helu lHIS lllldl
trump was Judge Johnston's speech He
was their prize and surprise box.
Brought here all the way from Phila-
delphia and paid, it is said, twenty five
thousand dollars for his services, he
was designed to startle the natives, CON
vince the court and fling CONSERVATION
into the Corporation Commission camp.
INSTEAD he has abused the natives ridi-
laI Ia ~
where he found it 1t cannot be denied
that his argument WAS Ingenious and
even eloquent, but always marred by an
attempt to be funny at the expense of
the State Legislature, Corporation Com
mission or counsel on the other side.
Here are few choice nuggets:
They talk of the State and her proud
record we are dealing with money and
not with sentiment. 1t is not necessary
to charge fraud on the part of the Com
mission, or even knowledge of the rule
of differentiation of property; we may
simply credit them with an ignorance
of which they will hardly feel compl-
mented They say had they known
more-heayen save the mark-they
might have arrived at even a higher
value. These men occupying such a
high and honorable position and draw
ing an enormous salary think, forsooth
we ought to be content because they
could have done worse and didn't.
My friend, Mr.. Simmons, tells me
the people of North Carolina are honest.
I'm glad to hear it. I'm glad Judge
Connor told me the Legislature of North
Carolina was actuated by noble pur-
poses It's a fact / could not otherwise
have obtained.
"The Legislature of North Carolina
may know how to create a Corporation
Commission with defective powers, but
it has a great deal to learn about levy
ing taxes The Fourteenth Amendment
is the safeguard of property from the
despoiler. 1t is to protect it in such cases
as these when legislatures are uncertain
and courts are unsafe, and We 8are here
today to ask one of its exponents to pro-
tect us from it's violation by the Legisla-
ture of North Carolina.
'.They claim that a section of the Ma
chinery Act confers power to tax rail-
road property on the Corporation Com
mission | find that section in a suspl-
cious place and set forth in suspicious
way. But they tell me the people of
North Carolina are honest and it's Legis-
lators honorable men.
THE Machinery Act is a most remark
able one; it violates the Constitution by
prescribing rules, by prescribing different
rules and by prescribing wrong rules"
And much more to the same effect he
said, all of which was intended 10 be
funny. He said the Corporation Com
mission had arrogated to itself tax
leyying power, that this power was given
in broadest letters to the Railroad Com
mission only, and it was an insult to an
intelligent court to contend otherwise
''Of all untenable propositions in unten-
able cases by men of ability" he thought,
'.this stood out as the most monument
tai"
Other speeches of the day We're made
i'm the following order: Rountree for the
Coast Line; Harris for the State; Shaw
for the Seaboa1 d.; Hinsdale for the
State; Burton for the Coast Line; Con-