The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-08-05
WHY DOES THE GOVERNOR WANT TO
TAKE A HAND?

accordance to law. on the first of July,
the Governor Of the State declined to
employ counsel to represent the State,
and the Commission had to work out
the difficult problem without the beneht
of even one argument against the mul-
titude of arguments made by the railroad
attorneys. If ever there has been Il
time when the Governor ought to have
employed counsel that was the time,
The very existence of the taxing power
of the State was at stake, and he re-
fused to employ single lawyer to meet
the arguments of the able attorneys who
were trying to make Simonton the tax
assessor for North Carolina. That was
the time for the Governor to employ
counsel if he had any honest desire to
uphold the right and dignity of the Com
monwealth
The Corporation Commission met in
Raleigh this week to make arrange
ments to resist Simonton's injunction.
Though the Governor had employed no
attorney at the right time, the Commits
sion out of courtesy, wrote to him sug-
costing that counsel ought to be EN-
ployed to fight the Simonton injunction.
Though that letter was written at 8
o'clock Thursday morning and an imme-
date response requested, the Governor
made no reply whatever. Receiving no
to employ counsel, the Corporation Com
mission employed Judge Conner and
Simmons, Pou and Ward to undertake
to uphold the right of the Corporation
Commission to assess the railroad prop
erty as required by law. 1t was not
until the Governor heard that the Com
mission had taken steps in the case
that he deigned to pay any attention
to their letter. Then he wrote on Fri
day about noon-but it was not a reply
to their courteous note of Thursday
and said that under the law the Cover
employing counsel He did not say he
had employed counsel, but claimed the
exclusive right of so doing, when by his
failure to employ counsel at the initial
stage he had shown his indifference, if
not hostility, to the far-reaching contest
that Judge Simonton has forced upon
Al
1t is not our province to give advice
to the Corporation Commission. SO far
they have shown that they had the wis
dom and the-courage TO do right without
need of advice from any quarter. But,
in view of the recent action of the
Governor, we beg leave to express the
hope that the Commission will employ
its own counsel and prosecute it to the
court of last resort, declining to turn
the case over TO counsel who may be
employed by the Governor. OF course
Simonton will decide with the railroads
if there is a single point that he can
twist in their favor. The hope of the
State lies in the Supreme court of the
United States. 1t is in that tribunal
that the people must look for the right
to levy and collect tax for purely State
and local purposes.
The people or North Carolina cannot
trust Governor Russell to prosecute this
case to the highest appellate court.
HE has been weighed in the balance
and found wanting" Two years ago
he swore that the 80 year lease should
be annulled. he hired lawyers galore,
and made great dress parade of his
hostility to government by injunction"
All Of sudden, he turned somersault,
made trade by which he betrayed the
people when he agreed not to appeal the
case to the Supreme court of the United
States. From that hour to this Gov
ernor Russell has not opened his mouth
in opposition to anything that the cor
porations wanted.
If Russell employs counsel in this
contest, which has stirred the people
from one end of the State to the other,
what will be the result? If Patrick
Henry's plan of judging the future by
the past is sound, he will make a great
hurrah in public, have his lawyers
prosecute the case until Judge Simon
ton holds with the railroads, and then
will trade off the right of appeal and
swear that it was not possible to win
the case.
Governor Russell fooled the people
once by that very procedure in the
lease litigation. That time it was his
fault. If he fools the people again, it
will then be their fault.
The Corporation Commission should
go forward and fight this fight to the
finish, never putting their great battie
for right that is ess ential to ov-reign,
ty in the hands Of an official who can
not be trusted. There are able lawyer.
who will prosecute the case without a
cash fee. trusting that the peoples rep.