The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-02-23
A PECULIAR SORT OF SUIT
STARTED on APPEAL FROM THE
OLD COMMISSION.
NEW COMMISSION WILL NOT FATHER IT
The Old Rate Has Been Restored Long Agl
and Now the Case VIII be Dropped if the
Telegraph Company Will Pay Costs.
Wilmington and Weldon Case.

Judge SimontOn has ordered refer
ence of the Western Union Telegraph
rate case 10 master to take testimony.
The case is on appeal of the telegraph
from an order of the Railroad Commits
sion i'll 1898. reducing the rate on a ten
word message from % to 10 cents.
Judge Simonton's order for its refer
ence was filed with Circuit Clerk Riddick
yesterday and is as follows:
This cause being now at issue, it is
ordered that it be referred to Hon. james
Il. Shepherd standing master, and that
he take the testimony presented 10y
parties complainant and defendant bear
ing upon the issues involved III the plead
ings.
1T is further ordered that rule %
in Equity will not apply to this case So
far as the limitation OF taking its teStl-
nlony and the number Of days that conf
plainantS desire for taking its testimony
and the number of days the defendant
will require. and how many days will
be needed for the reply.
cit is further ordered that when the
Standing Master shall have taken all the
testimony in the cause, he will file q
report Of the same with the clerk Of
this court"
This order is exactly what the attor
news for the State asked in their arglI-
n,ent before Judge Simonton in Rich
ufond last week. But these attorneys
tMessrs. Douglass and Hinsdale) occupy
rather a peculiar position in regard to the
case. They were employed by the Rail
road Commission That commission has
been abolished and the Corporation Com
mission created. Soon after its creation
it restored the Decent rate for tele-
graphic messages Of ten words, in the
State This, in effect, left the lawyers
in the case without Il client. and it was
at the time supposed that the case wa
put out of court by the repeal Of the
Railroad Commission and by the restora-
tion Of the old rate
But the decision of the North Carolina
Supreme court in the Abbott Bedding
field case put the matter back into court,
and the attorneys originally employed
in it asked the appointment of a master
TO take testimony. This phase of the
case was argued last week at Richmond
before Judge Simonton.
Although the master has been appoint
cd. as petitioned, ii is highly improbable
that he will ever take any evidence in
this case As stated above, the Rail
road Commission which made the rate.
has been abolished and the case is now
in the hands of the Corporation Commits
SIGN. And the Corporation Commission
having restored the Decent rate il is ur-
derstood to be its intention TO drop thi:;
case. for which 1t is in nowise response
BILE, if the telegraph company will pay
the costs.
This the telegraph company will be
only too glad to 90 and stop litigation
The same course Will he pursued ~
regard to the passenger rare case on the
Wilmington and Weldon Railroad, which
is exactly like this and originated at the
same time.
Such policy in regard 10 these cases
has not been as yet officially announced
hut it is learned on the best OF authority
that this course will be probably taken
with them.
b The matter will Ire considered by tia
members of the Corporation Commission
at the meeting next Friday Interested
attorneys on both SIDES WI be asked Il
be present at this c0nfcrucc.