The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-12-16
THE STATE OR sIMONToN !?

This week the taking of testimony
on the part of the State will begin in
the railroad taxation cases before
Judge Shepherd. The State has dcpo.
sitions from 1000 citizens in support
OF the contention that there has been
no uniform system of naturalization.
1T the witnesses are all examined it
Will cost $4,000. 1t is not the pur-
pose of the attorneys for the Corpora
ton Commission, as we understand it,
to examine all who gave dispositions,
but inasmuch as the railroads exam
lned about 500 witnesses, the State
cannot do less, and if it is to win by
preponderance of testimony it will
have to examine more than 500 wit
nesses. When the State finishes IFS
testimony, Simonton will give the
railroads another chance and they will
examine more witnesses, then the State
must have witnesses to rebut the tes-
timony of the railroads, and so the
case, like the song of the brook, may
Ego on forever" The railroads can af-
ford the expense because it can trans
port its witnesses free, but the State
will be forced to spend as much as it
would get in several years through
Simonton's long drawn out methods.
The people of North Carolina intend
to fight to the finish for the sovereign
right of assessing every species of
property situated in the State. They
will not grant that power to any other
authority nor permit Judge Silnonton
to usurp it. At the last session of the
Legislature, the Corporation Commits
sion was instructed to assess the rail
road property, including franchises.
etc, for taxation. 1t made moderate
two years, by the grace of Judge Sim
onton, they have been able to evade
paying the tax thus assessed, though
the States ablest lawyers have been
trying to force them to pay.
What is he duty Of the Corporation
Commission? To go OH at heavy cN-
rense examining multitude % wit
nesses to prove what can be establish
ed by the testimony of three men?
Not so. When the hearing begins this
week, before a single witness is exam
ined, let a subpoena be issued for Col.
Andrews, of the Southern; Col. Elliott,
of the Atlantic Coast Line, and Mr.. f.
st. John. of the Seaboard. Judge
Shepherd will issue the subpoena, but
he cannot compel the witnesses to an
swer. If they answer, these three gem
tlemen will disclose that their proper
ty is worth nearly if not quite twice
the amount of the assessment they
are fighting, and then their contention
will be defeated by their own evil
dencc. If they refuse to answer, Judge
Shepherd has no power to compel
them, but will certify their refusal to
Judge Simonton. He will find some
pretext to excuse them. Then let the
Corporation Commission refer the
whole matter to the Legislature to the
md that it may find some way to re-
store to the sovereign State the SOW
ereign right to tax property wholly
within the State. Other States found
this power and exercised it. If the
railroad corporations can prevent the
States exercising this right, let the
blame rest upon whom it may belong.
The people are tired of trifiing. They
are tired of government by injunction.
The matter of the amount of the tax
has become secondary to the question
of whether the Legislature of North
Carolina can exercise the sovereign
function of taxation or whether it is
vested in Judge Simonton. The set
Element of that question is ''up to the
Let the Corporation
Commission let the pending suit rest
until it gets instructions from the Gen
eral Assembly.