The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-07-19
ANOTHER PLAGUE
Of |NJUNCT|ONS
Simonton Doing Business at
the Old Stand.
THE AX-DODGERS FRIEND
The Western Union Injunction AL
ready Served.
RAILROAD ATTORNEYS GONE FOR THEIRS
Reductions in Valuation Made on Some Small
Roads, Petitions From Number Of
Towns For Better Depot
Facilities.

Facilities.
| These are days of potato-bug politics
the corporations eat up what the people
grow.
They feast and fatten upon the peo-
pies toll and when asked for taxes 10
help bear the burden of government they
VOL novertv and run to the Federal courts
for protection.
In Simonton is their trust, and he
| never fails them.
Again his hold-up of injunction is upon
u.s. again the telegraph and railroad
| companies are protected from the TAX
| collector and the people of the lana are
| to bear the whole burden Of govern
ment.
Do they but complain, they are called
anarchists and worse.
| One year ago the three great railway
systems of the State paid not one penny
| of taxes into the public treasury
Why? Because Judge Simonton, by
| Federal injunction, held up the state
| Government and forbade it's collection
This year they will again pay no taxes,
| and for the same reason.
Already one injunction has been granted
to the Western Union Telegraph Com
pany-and even now the railroad attor-
| neys are on their way to Flat ROCK TO
| get others from Simonton to protect them
1t is just exactly the freebooter game
of a year ago and nobody is surprised at
it, The plan worked well last year and
so it must needs be tried again this
year. and next and next, as long as Sim
onton has his way.
The grounds on which these injunctiona
are sued out this year are exactly the
same that they were year ago-eXcept
that the taxing power of the Commission
is no longer denied, the Legislature at its
recent session having settled that beyond
all question.
The bill in the Western Union TeleN
graph Company's injunction sets forth the
following as grounds for complaint:
That the plaintiff is a corporation eX-
listing under the laws of New York.
g That the defendants are the Corpora
ton Commission, the Auditor and Treas
urer of North Carolina.
s. That in July, 1899, the defendants
placed upon the plaintiffs property in
this State the valuation of 81 10000 and
said assessment to tax Offices by order
of Judge Simonton, and that the prop
erty now assessed is identical with that
assessed in 1899; that the matter has.
been referred for the purpose of collecting
evidence thereon to Hon. J. E. Sehpherd,
and that three months yet remain in
which evidence may be taken.
a. That on July 3rd the plaintiff was
attorney ROht.
c. Strong, that an assessment of 81 900
had been placed on their property in this
State for the year 1900.
5. That the facts and propositions of
law embraced in the assessment of plain
tiff's property are the same as those now
being passed upon and adjudicated in this
court
On this showing the plaintiff prays:
/. That the Corporation Commission be
restrained from assessing the property
Of the plaintiff at more than $500, 900.
2. That it be restrained from certifying
value on same to the mayors and coun-
ty commissioners Of over 5000, 900
3. That H. w. Aver, Auditor. he re-
strained from making the tax certificates
for more than 0,000 as value of plains
tiff's property.
4. That w. II. WCrth, Treasurer, be
restrained from proceeding under the tax
ing laws to enforce payment of taxes on
more than 100000. as value of plaintiffs
property in this State
Of course Judge Simonton complied with
these requests, granting the following in
junction against the North Carolina Cor
poration Commission and it's clerk, the
State Auditor, and the Treasurer of the
State of North Cardinal
Hearing the verified bill of complaint
and considering the same, it is ordered
that the defendants, and each and every
of them do show cause before me at Flat
Rock, N. c., on the 23rd day of July, cur
rent at 10 o clock a. m, or as soon there
after as counsel can be heard why the in
junction prayed for in the bill be not
granted
1T is further ordered that in the mean
time and until the further order of this
court, the defendants and each and every
of them be restrained from levying said
assessment of one million dollars upon
said property of the complainant and
from certifying the same down to any of
the tax officials of the said State of North
Carolina.
This order IS issued upon condition
that the complainant at the proper time
tender and pay to the proper officers of
the State authorized to receive taxes
taxes upon an assessment of six hundred
thousand dollars of the property, and
further that the complainant do enter
into bond with surety to be approved by
any judge of this court in the sum of five
thousand dollars with condition to pay
the defendant such damages as may be
assessed against it by reason of this re-
straining order
The above order is signed "Chas. H.
Simonton, Circuit Judge, 10 July, 1900,
and the Commission is ordered to appear
on the first Monday in August to answer
the bill of complaint of the western
Union Company.
About this Injunction there is only one
remarkable thing, that is the manner in
which it was served on the Commits
sion.
AS will be seen from the
date of the order, it was signed
last Friday, six days ago. but 1t was