The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-30

| mat other property in North Cafoilna Edd
also increased and that the assessment
CT these properties would not be IN
creased except every four years, and IN
consideration of the fact that we were
still resting under injunction from the
Federal court in suits by the Southern
| Railway Company, the Atlantic Coast Line
Railroad Company and the Seaboard Air
Line System from certifying assessments
| Of 1899. we concluded to assess these
properties at the same figures as in 1922
The bills in the suits brought in 1900
are copies Of the bills in the suits OF
| 1899, with dates, etc, changed TO suit the
facts in the second suit.
"A temporary injunction was granted IN
| these suits which was continued to the
! final hearings thereof.
las stated in our last report, the Fed
eral court in the Railroad Tax suits held
| that the statute did not confer on this
Commission the nower to assess railroad
property for taxation copy of this
| Judgment is appended to this letter. And
at the time Of making our last report
petition was pending before the Federal
court by our counsel to re-hear and re-
| verse said judgment upon the ground that
cur Supreme court in the case of Abbott
against Beddingfeld had put different
construction u9on the statute creating
| the North Carolina Corporation Commls-
sion. Upon hearing this petition, the
| judgment was reversed and it was refer
red to Hon James E. Shepherd, standing
master, to take testimony and certify
| the same to the court copy of this
| judgment is also appended to this letter
I'm obedience to this order, the Master
had hearings and took testimony at Will
mington Charlotte, Greensboro, Asheville,
Weldon, Edenton and Raleigh, at the in
stance Of the comolainants, and finished
taking testimony on their side December
| the 18th, 1900. In progress of this eA-
animation, witnesses were examined from
most of the counties in the State.
"As soon as possible after compliments
! had concluded their testimony, the defen-
dants began to develop their side of the
case, and between the 18th of December
and the Bird of January had hearings at
Raleigh and Wilmington and examined
witnesses from eight counties, namely:
Wake, Durham, Johnson New Hanover,
Fender, Bladen, Brunswick and Column
bus. While the hearing was in progress
in Wilmington. a conference was had be-
! tween Col. w. G. Elliott, President of the
Wilmington ard Weldon Railroad Com
pany, and the defendants and their coun-
! SCI at which, by our solicitation, We had
the honor of your presence and mediation,
and a plan of settlement was suggested,
which we are happy to say has been car
| ried o,:t
by this settlement all of the
suits brought by the Southern
1 ID 4 CT
! Line Railroad Comoany, and the Sea-
board Air Line System have been dis
missed at conlplainan.s cost and the as
sessment made by us in 1899 and in.
1900 win be certified as requiring by law,
and the Sta.n, counfy, city and tow
taxes have Teen or will be settled IN
i that basis. A. part ~ this settlement
( ii was agreed that We, recommend that
the assessment of the real estate cf
railroads, in 'liding u,eir road-bed, etc.,
/ which is of he nature Of real esfaS9,
shall be asse- sed onl.' every four ,'el"S,
as is now the law With reference te
real property. This seemed to us ga
sonable and list, ana we now respect
| fully make iris recommendation.
"By this settlement $44,561 will re
paid into the State Treasury. $50 GSi
into the school fund about $101 $50 to
| the counties, cities and towns in the
State, aggres ating $17S244.
THE only FAX suits rGr pending ERE
the suits brought by the Western Tn
ion Telegraph Company. 1t was agreed
between counsel in these cases that the
evidence taken in the railroad cases. as
far as applicable. be Used in these cases,
and only one hearing was had at the
instance of this complainant The bill
in suit of 1900 is similar to the one in
suit of 1899.
1--WE gave in our last report a full
statement Of the facts in the case which
was pending aud there has been no
development since which we deem inn
portant to mention. The action re-
ferred TO in the last. report State of
North Carolina in the relation Of the
North Carolina CORPORATION Commits
sion against the Seaboard and Roanoke
Railroad Company, Raleigh and Castor
Railroad Company, Raleigh and Angus
ia Air Line Railroad Company, and
other roads of the Seaboard Air Line
System, as under consideration of Hon.
/ Fred Moore, judge presiding Fourth
Judicial district. was decided by him
in favor of the Commission, and on APP
peal to Supreme Court was affirmed
in an opinion by Hol. Robt NJ. Doug
las, a copy of which is appended here's
To. 1t viii be remembered that the
order of the Commission in question in
these cases was fixing rate on fertilizer
and what should be a carload. All the
railroads in the State conformed to
this order except those composing the
Seaboard Air Line System, so that now
our order known as Circular NO. | o.
the North Carolina Corporation Conn
mission is IN operation on all the rail-
roads in the State except the Carolina
Central Railroad Company.
AS stated in our last report Mrs.
Matthews one of the holders of the
bonds of this company, brought suit
in Federal Court and enjoined us from
enforcing the rate on this road, alleg-
ing that this company was by terms of
it's charter exempt from the jurisdiction
of this Commission, and that the rate
fixed was unreasonable and unjust. The
Federal Court held that this road was
not exempt by its charter from State
supervision, and the matter was refer
red to Eugene S. Martin Esq, special
master to take testimony and report
WI pf b11 Z l,o 70 q