The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-16
THE TAX DODGERS PROGRAM.

iu the enthusiastic econiums that have
tiers, upon the head Of Judge Simonton
because of his decision that the Corpor-
alton Commission has the power to per-
form the duties for which it was. in part
created. viz: TO fix the value of the
railroad property of the State for pur-
poses of taxation. We have thus far fail
ed to see wherein fulsome laudation is
called for because judge who has UNI
formly ruled in favor of "a given class of
corporations rules in a single instance in
favor of the State since to do otherwise
cedent, fixed by the highest court of the
land, and SO well known that every cal
low candidate for lawyers license has it
ut his finger tips. Another check upon
any tendency we may have felt to cry
out Great is SimOnton" is the plain and
simple fact that Simonton has put the
case just where the attorneys for the rail
roads asked that it he put ut the hearing
i'll Asheyille ON September the IS, 1899,
now -four months ago. In other words,
after two hearings and infinite trouble
and expense the matter is now no nearer
a definite settlement than before it was
heard ut all.
Judge Simonton has not only been en-
tirely consistent with his judicial past IN
this latest decision: c.; he has given
the railroads what they asked for, but he |
has come perilously near TO II Migrant
breach of faith with the attorneys who
represent the State. In the hearing ut
Asheville, the attorneys for the roads,
following their immemorial policy of
delay, asked that Simonton appoint Il
special master to hear testimony i'll the
case. This he declined to do, giving it to
be understood that it was a full hearing
submitted covered the ground so com
pletely that no further testimony was
needed. This was the distinct under
standing of all parties to the case.
Now, four months later, what do we
find? Judge Simonton has been COM
PEELED to reverse himself on the point
that the commission lacked power to AS
scss, because the Supreme court of the
State has given an opinion he must fol-
low according to the custom of Federal
courts Thus brought face to face with
al .Nf hn bn no
refused TO do at Asheyile, on the ground
that it was unnecessary, appoints spe-
cal master to take testimony. What
ever feeling the special master, Judge
Shepherd. may have that the case should
he speedily settled, he must act under
Simonton's instructions and must take
much or little time according as Simon
ton directs. And Simonton will not bel
in any hurry.
We here and now venture the predic-
ton that the program is not only to keep
the matter in the courts until after the
legislature meets next June, but also
until after the session of 1901. Thus
the railroad lobbyists, the railroad tools
ON the floor and the subsidized press will
lie enabled to raise the specious cry,
THE matter is in the courts and they
should be left to decide it, whenever
Legislative action looking to Il just and
equitable valuation Of railroad property
is proposed SimOnton is to be used not
culy to stand off the tax-gatlerer. but
the legislature as well. He has killed
four months time and given two hear
ings and not an inch of progress has
been made toward settlement. He
will find it an easy matter to consume
six months in taking evidence through Il
special master, half as much more i'll MAX
ing up his opinion, and by the time the
legislature of 1901 meets the case will not
have gotten beyond the circuit court of
appeals unless the power of public opinion
forces Sinonton to abandon the Fabian
policy.
Whether the legislature will acquiesce
in Simontons program will, in due course
Of time, appear.