The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-04-24
He Revokes Order For Judge
Shepherd to Report His
Conclusion.
In the Case Of The Tax-Dodging Corporations,
Judge Simonton Again Comes to Tier
Help. The Hearing Today.
Especial to News and Observer. )

Especial to News and Observer }
Wilmington, n. c., April 23-Stand-
ing Master, ex-Chief Justice Shepherd,
sA1pl. John w. Hinsdale, Judge Common.
r. 0. Burton, Esq, Capt. Chas. Price,
Maj. John ID. Shaw and others, who
take part in the hearing of the South
erli, Seaboard and Atlantic Coast Line
raj lroads against the Corporation
commission reached Wilmington this
afternoon. 1t will be remembered
! that in July last, the Corporation
commission assessed the property OF
these three railroads at higher fig
ure than heretofore, and the railroads
Iare resisting the payment of the tax
on the ground that other property
was not assessed in the same proper
tion as to it's true value as the rail
: road property. The ever accommodate
ing Judge Simonton granted an in
junction against the increase imposed
by the Commission, and has hung
the matter up all these months.
At the hearing in this city last
month, in order to bolster up their
case and get the sympa\y of small
corporations having no public func-
to make these small private corpora
tons disclose their incomes and ex-
penses. When this attempt was made.
the attorneys for the Commission
sought to examine the books of the
Atlantic Coast Line, but the railroad
company's attorneys promptly object
ed to having their receipts and expen-
ditures, &C., known. At this juncture
Judge Shepherd adjourned the hear
ing and applied to Judge Simonton t.
determine whether the books of pr-
vate corporations and of the railroads
could be examined. Judge Simonton
decided that the private affairs of the
cotton mills and other corporations
could be gone into fully. but that at
present no such examination of the
books of the railroads could be gone
into, intimating that if the burden OF
proof could be shifted on the railroads
he would then take up that question.
Dollars to doughnuts NE would then
find a way to do what the railroads
want done.
But Judge Simonton did a stranger
thing than that. When the order for
the hearing before the Master was
made, Judge Simonton ordered Judge
Shepherd to hear all the evidence and
report it WITH HIS CONCLUSIONS
to him. Recently he has withdrawn
sthat part of his order requiring Judge
Shepherd to report HIS CONCLU-
SlONS. substituting an order merely
to report the evidence without stating
his views or his opinion. What does
this mean? 1t can mean nothing elk
than that Judge Simonton was afraid
to let Judge Shepherd report his con
clusions. Determined always to stand
by the railroads Judge Simonton did
not want to run the risk of having
to over-rule the conclusion of Judge
Shepherd This was bad change for
the taxpayer. If | am any prophet,
it settles this case in favor of the
railroads in Judge Simonton's court.
III he were seeking to get at the real
contention, he would have been glad
to have Judge Shepherds conclusion
for his guidance. He re;4 zed that
Judge Shepherd would render his
opinion upon the evidence, and he
knew that if he over-ruled Judge
Shepherd. the people would more than
ever know that he always sympathiz-
ed with the railroads. He avoids that
by changing his order and relieving
Judge Shepherd of everything except
forwarding it to him without note or
comment.
There is doubt as to the course
that will be taken here tomorrow. 1t
may be that the cotton mill men and
others will fight the order and refuse
to be made the cats-paws to pull the
chestnuts out of the fire for the rail
roads. If SO, another adjournment is
probable. One thing is certain; the
railroads are praying for delay. The
News and Observer was right some
weeks ago in saying that it is the
purpose of the railroads to postpone
the case so that it will not reach the
Supreme court before next February.
Then, if they can control the Legisla-
ture-(and they are trying to do that,
as all but blind men can see)--they
expect to effect compromise. That
is the game.
Capt. j. j, Newman. who committed