The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-11-19
COAL Comply CASE
Argued Yesterday in Fed
eraI Court by Northrop
and Justice.

The case of Southern Railroad V.
Greensboro Coal and Ice Company was
argued in part yesterday in Federal
court by E. j. Justice, Esq, of Green's
boro, for the Coal and Ice Company
and c. b. NorthroD, Esq, of Washing
ton, who appears for the Southern
Railway.
z AS has been before stated the case
is in the Federal Court upon injunc-
ton sued out by the Southern Railway
before Judge Purnell to prevent the
imposition OF a penalty by the corpor-
alton commission for the roads fail
ure to deliver coal to the Greensboro
Company upon a side track which had
been laid for that purpose, the road
alleging the unconstitutionality of the
act creating the commission for that
it gives the members executive, legis-
latiVe and judicial powers.
This point was gone into at some
length by Mr.. Northrop in his argu-
ment yesterday, which also included
n discussion of the merits of the case
upon the issues raised by the road s
exceptions to the report and findings
of Standing Master ex-Chief Justice
JAS e. Shepherd.
Mr.. Justices argument was confined
for the greater part to the merits of
it came up before the Corporation
Commission upon complaint of the
Greensboro Company against the
Southern road
The reply of the Corporation Com
mission to the attack upon its con-
stitutionality will be more fully elab-
GRATED in the continuation of the arg
ument to-day by Attorney X.
d. Gilmer representing the State, and
Messrs. Battle and Mordecai who are
retained by the Commission as special
counsel. Further argument on behalf
of the railroad company will also be
made to-day by f. II. Busbee, ESQ.,
of Raleigh.
In his report to the court as Master
Judge Shepherd found that the inter-
state commerce of the railroad would
be in no wise interfered with by a
compliance with the order of the rail-
road commission requiring it to deliver
the coal in question at the place deslg-
mated. that being reasonable re@u-
Iation: and also found as fact that
the reason of the railroads refusal
to deliver the coal as demanded by
the ice company was demurfaSe
CHARGE for cars, amounting to $l4b,
which the road had made against the
company and which it had refused to
pay.
1t is to these two findings that the
Southern excerpts most vigorously ana
which counsel most strongly argue, the
position of the road being that COM
plfance with the order of the commls-
sion interferes with its interstate com
merce business, and that, even admit
ting that the method of delivering coal
ordered by the commission would be
of advantage both to it and the
Greensboro company, and that it de-
Iivers coal ana goods to other par
ties in that way While refusing the
privilege TO the Ice and Coal Company,
it has the legal right to make the
arbitrary discrimination.
1t will be recalled that the case hrst
arose uron complaint of the Green's
boro company of the Southern's re-
fusal to use a side track to deliver
coal. The Southern in its reply set up
a bill for STAG alleged to be due on
demurrage charges, which the COM
panv denied. The Corporation Com
mission heard the case, decided the
disnuted bill in favor of the Green's
boro company ana issued an order re-
uuiring the Southern to use the track
in making its deliveries. The SOUTH
sern appealed and the Commission was
sustained. Whereupop the Southern
got out a Federal Court Injunction rs
above stated, to prevent its being SUP
iacted to penalty for Noncompliance
with the order, raising the constltu-
tional questions referred to.