The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-17
THE STATE SUING ITSELF
THEORIES ADVANCED AS TO
WHY TT WAS BROUGHT.
WILL SIM0NT0N GO BACK ON HIS MAKER
APhase of the Taxation of Railroads Presented
in his Argument by Mr., Simmons.
County Men Who Furnished
Amdayits.

aSneVlle, y. u, Sept. lb.-tS Ucclall- -
BY all odds the funniest suit | have
ever known brought in North Carolina
this week by Judge Sinonton, to the At
lantic and North Carolina Railroad, res
training all State, county, city, town and
township officers from collecting the tax
on the assessment of 1899
This road is owned by the State-at
least nearly all of it is-and the suit
could not have been brought except with
the sanction and under the control of
Gov Russell, representing the State.
Hence we have the spectacle. of the
State suing itself.
And having ordered the suit brought
His EXcellcIcy no doubt feels he ought
to defend it, and it would be amusing
to see what sort CT defence he could put
up.
But of that spectacle we are to be re-
Heved by the incoming Of new adminis-
tration for the road the last of this
month.
The case has BEEN much discussed here
stliu tNU tHcOTitS nave Deem advanced us
TO the reason for bringing the suit.
The first is that it is an attempt to
cheat the counties and towns through
which the road runs out of the differ
ence in the tax levied in 1899 and that
of 1898. And this for the purpose of
making good financial showing fpr thu
outgoing Fusion administration of the
road.
The idea evidently is that each county
having to fight the suit will feel that
they can't afford it for the difference Of
tax coming to that county.
The second theory and there have re-
Gently been several incidents to give it
color, is that the suit is brought at the
suggestion of the railroads to help them
make it appear that private property has
boon undervalued and railroad property
overyalued The railroad attorneys, III
their argument in the case just closed
here, often referred to the fact that the
road owned by the State and controlled
by the Governor had brought a suit SIM
liar to theirs and araalNing the same ale
cations as to property valuations.
But in no event, as stated above, can
the case amount to anything 1t will
come to an end in one of The two follow
ing ways:
1. Ii Judge Simonton decides The case
just argued against the railroads It
is hard to see how he can manage to do
otherwise-the wind Will be entirciy
knocked ont of the Atlantic and North
Carolina suit.
,. No matter how he decides the pres
ent SUIT, the new directors of the Atlant-
ic and North Carolina Railroad-who
will take control of it the last Thursday
in this nonth--will order the suit dis
missed.
Ard so the question is elanv simply one
of the mode of executioli-Whethcr the
suit will die of strangulation or aspfyXia-
ton.
The Battery Park Hotel is tonight al
most deserted of railroad officials and
attorneys. The officials, most of them,
together wit. several attorneys, went
away this morning ON the q O'Clock
train. Others went On the O'Clock train
this afternoon, and still Others will 20
tomorrow morning. Judge Simonton left
this afternoon for Flat Rock From
there he will 20 in a few days to Char
lesion. and all papers in the cases just
argued-b1iefs and the like-are 10 he
sent.
The tax suit tried here this week is
beyond question the most inportant case
ever tried i'm North Carolinn, and one of
the most stubDornly fought by counsel.
There was as have pointed out in these
columns before. brilliant array of at
torneys on both sides. and the hearing
consumed exactly three entire days.
court meeting at 10 O'clock and adjourn
ing at $50.
not only is $4,000, the tax ON S1O.-
O0u,, 90 OF railroad property at stake now,
but many millions of dollars in taxes to
the State IN years to come. For the
case involves the veryaprmcif,le of taxa
tfon--the question of the right Of the
Atate to tax railroad property at adj, ex
cert at such valuation as the roads may
think proper
The railroads have realized this and
they have summoned to their aid the
ablest legal talent they could oldlla.
And these attorneys, like snake sur
rounded by fire. have been striking at
everything in sight. They have attacked
the assessors, charging them with UNI
LIBERALIZATION of property. Those tna9
have sworn they did not make any such
lln0pfNalllaLiOn bIIey uldNp dltdthth az VIA
worthy of belief, for the reason that they
are interested parties The county Off
GERS have been attacked, the Legisla-
lures motives have been questioned and
the people generally have been made par
ticeps crininis
And these charges of fraud were made,
not because the men who made them
believed them, but because they were
necessary to give them a standing IN
court. That's as the business stands to-
day.
The railroad men say Simonton VIII
decide with them And why not? Does
he not owe all to them? VIII he a this
late day cease to DO their bidding? Hard
~ if he can help ii.
But can he help it? To do so he will
have TO stultify himself by reversing
his own decision in the Chamberlain case