The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-07-21
TAX DODGERS DAY
WITH SIMONTON
Two New |njunctions Are
Filed Here.
ANOTHER is ON THE WAY
Making Four Granted by Simonton
This Week.
OVER slo,2oO,ooo OF PROPERTY EXEMPT
Bills Of Complaint and Restrainings Orders the
Same They Were in the Southern and
Other Tax Dodging Cases
Year Ago.

| yesterday, restraining the State gov
eminent from the collection Of taxes
on several millions of dollars worth
or railroad property.
These injunctions were in favor of
the Southern Railway and the Allan
tic Coast Line system. The Seaboard' S
injunction will arrive here today.
The bills of complaint and the re-
straining orders in all these cases are
much alike, being almost exactly the
same they were in similar cases a
year ago, except that the question
of power ON the part of the Corpora
ton Commission TO tax is eliminated
The real point in the case is the
question of discrimination. If the
railroads can't prove this they go
down. This is a question of fact and
must be determined by evidence; and
the taking of evidence in the cases
now pending will be resumed at VII
mington on August 18th, before Judge
Shepherd, standing master.
The bills of complaint filed by al
three on the roads securing n.iunc-
tons contain substantially the same
grounds on which relief is asked. The
Southern's bill is in effect as follows:
/ /. That the Southern Railway is a
foreign corporation.
2. That more than $4,000 is involved
| in the case.
3. That a Federal question is involv-
ed in it, for these reasons:
a. That it is in violation of the 18th
| amendment in that it denies to the
railroad equal protection of the law by
assessing railroad property at it's full
value when other property Isl assessed
| at twO-thirds or three-fourt TITS Of Its
| value.
b. That tire method Of assessing
property owned by the Southern Rail
way in different States rs prescribed
by the act is in violation OF that rHIe
of uniformity required by the Consti-
tuition of North Carolina.
Wherefore the Southern Railway
prays:
Il. That this honorable court enter
a decree in accordance with the PRAYER
of this bill; that an injunction issue
upon the respondents, as set ont in
| the bill.
SO. That not only a writ Of inl1lnc-
| ton, conformably to the prayer of
this BILL be issued, bun also Il writ
of subpoena of the United States of
America, directed to each and every
one of the respondents commanding
| him and them on day certain to APP
pear and answer, but not under oath
| unto this bill of complaint and ~
abide and perform such order and de-
cree in the premises as to the court
shall seem proper, and required by the
principles Of equity ana good con
science.
80. That if anything your orators
are mistaken in the relief prayed for,
then they pray for all such other fur
Their and general relief us the premises
may warrant, and the rules of equity
allow
In compliance with this prayer
Judge Simonton issued the following
injunction restraining the State gov
eminent from collection of any taxes
from the Southern Railway, except on
the basis of 1898:
Ion reading the verified bill in the
above entitled suit, and exhibits filed
aS part thereof. it is ordered that the
compliments motion for in JUNCTION,
etc, pursuant to the prayer of the
bill, be set down for hearing at II
o'clock, M, before the circuit court
of the United States, at Ashevil,e,
North Carolina, on the 4th day of Sep
TENDER 1900 or as soon thereafter as
counsel can be heard. This being
proper case for q temporary restrain
inc order. it is ordered and decreed,
that. until the hearing of such motion
Injunction, etc, and the further order
Of the court theron, the respondents,
the North Carolina Corporation Com
mission, Franklin Mcneil, chairman;
Samuel L. Adams and d. II. Abbott,
members of said commission, and II.
c. Brown clerk and H w. Aver. audi
tor, and w. II. Worth, treasurer, are
restrained prohibited and enioined
| from making any certificates, serving
any notices, or causing any such to
be made. or from instituting any ac-
ton for the purpose OF compelling
| the payment Of the taxes set out in
the bill; and the said respondents are
each and every one restrained and en-
| joined from taking any action to COM
| pei or advance the payment of the
| said amount Of taxes.
1T is further ordered that a GER
| titled copy of this order be served
upon each and every one of the re-
| spondents, by the delivery of the same
| to him.
ut is further ordered that sub
poenas issue to the respondents, as
asker for in his bill.
1T is further ordered that the COM
| plainants pay to the proper officers
! of the State, counties, cities and towns
at the times prescribed by law, taxes
for 1900, on the basis of the assess
| ment of 1898.
1T is further ordered that the COM
| plainants enter into an Injunction
bond i'll the penal sum Of $4,000 with
sureties to be approved by the judge
of this court, as indemnity for the de
PENDANTS in case this suit is decided
against said complainants.'