The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-11-02

there is no foundation for the
SANDER of the good people of Wake
county. Railroads, corporations and in
dividuals stand alike when their rights
and obligations are tried in the scales
of justice in Wake county The News
and Observer has never sought to pre-
JUDGE the rights of any litigants. If it
should do so, ii would lose the influence
which Mr.. Busbee and Col Andrews
swear it now possesses. Whatever of in
fluence it enjoys is due to the fact that
it stands for the rights of the people and
against trust control of legislation and
the courts, as we'll as against the poll
tcal power which Southern Railroad
bosses formerly exercised. 1t is be-
cause the News and Observer opposed
the Southern Railways attempt to pack
| the Supreme court, to control the Cor
poration Commission, to control legisla-
tion that Mr.. Busbee and his superiors
are offended and not because of any at
tempt to influence litigation as alleged.
1t is because the News and Observer has
opposed and defeated the political and
selfish Vaccinations of the Southern
Railway politicians that they have filed
! affidavits in the courts containing false
statements about this paper
Not only does Mr.. Busbee swear that
the influence of the News and Observer
makes it impossible for his railroad to
get justice in Wake county, but he
swears that The same conditions exists in
the following counties: Durham, Chat
ham, Harnett, Johnston, Nash, Franklin
and Granville-the only seven counties
to which, under the law, case could be
removed from Wake. If Mr.. Busbee is
correct, the News and Observer is the
biggest single colossus that the State has
known, and the people of eight counties
are men who would violate their oaths
at its behest. 1t is false that the News
and Observer would desire them to- do
injustice to the Southern Railway in its
litigation and 1t is false that they could
be induced to act so corruptly by any
man or newspaper. .-.............
The only allegation offered in support
of his sworn statement is that the News
and Observer in the Coley case discuss
ed the merits of this case In it's columns,
! adversely to defendants WHILE THE
CASE WAS ON APPEAL TO THE
SUPREME COURT" He makes no al
legation that this paper discussed the
Coley case prior TO it's trial by jury or
pending such trial, but only while the
case was on appeal to the Supreme
Court" They ask to have the case tried
in the Federal court because the
News and Observer has created preju-
dice in Wake and adjoining counties
and vet the only proof offered is that it
discussed a case only AFTER 1T HAD
LEFT THE TRIBUNAL WHERE
POPULAR OPINION CAN DO ANY
| THING THROUGH A JURY. This
shows the absurdity of the affidavit for
removal and the falsity OF the charge
against the News and Observer.
What are the facts: The Coley case,
in which Mr.. Coley had been awarded
$12. 500 damages by the negligence of the
N. c. r. r., was pending before the
Supreme Court, 1t was a case that the
Southern wanted very much to have re-
versed. 1t meant much to railroad en-
ployes who might be injured. 1t meant
much to the exechequer of the railroads.
This paper did not in any way attempt
TO influence the Supreme court. though,
of course, its influence with Furches,
Douglass, Cook and Montgomery is
known to be so great that an intimation
from it would cause them to write any
opinion it might wish. About that time
Hon. Locke Craig introduced the
resolution to impeach Justices Furches
and Douglas. At once Mr.. Busbee vol
unteered his services to defend them.
At once every influence in North Carolina
that the Southern Railway could conf
mand was put in motion to- save the i'm
peached Justices from conviction. The
American Tobacco Company co-operated.
These two agencies, when assisted by
number of honest gentlemen who favor
| ed resolution Of censure but thought
Impeachment too severe pun
| ishment, succeeded in saving the Justices
by the skin of their teeth. Up TO that
good hour the News and Observer had
not discussed the merits Of the Coley
| case, if it can be truthfully said that it
ever did, even after Mr.. Bushels attempt
| to impeach the integrity Of the cC;Irt.
After Mr. Busbee had volunteered to de-
fend the impeached Justices, he had no
better sense of propriety than to ask
them to give a re-hearing of the Coley
case. 1t was generally believed that
the Southern Railway folks expected
Furches and Douglas to reverse them
selves, out of gratitude to the Southern
officers and LAWYERS for helping to save