The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-10
GRAVE OANGERTRAT
THREATENS
If Southern Railway Sue
coed in Tying Hands of
Commission.

If the Southern Railway wins its fight
with the Corporation Commission III the
case of the Greensboro Ice and Coal Com
pany, then railroad companies cannot be
compelled to deliver freight upon sldings
for the convenience OF manufacturing con-
Germs. A railroad company might choose
whether or not it would place cars upon
such sidings for unloading purposes: it
might accommodate some favorite con-
Germs. and discriminate against others.
For instance, if there are two mills In
one town, the railroad could deliver the
freight of one concern at its door, and
compel the other to send to the freight
depot for its shipments. and thus put any
thing like eral competition out OF exist
ence. So mil lor manufacturing concern
would find itself at the mercy of the rail
road and would have to curry favor with
it to get accommodations That would
Lead to the mill owner and his employees
voting the ticket the railroad company
wanted.
There is danger of just that very thing,
if the courts should decide that the order
of the Corporation Commission compelling
the Southern Railway to place four cars
of coal upon the siding of the Greensboro
Ice and Coal Company is unauthorized
and invalid
The argument in the Federal Court
here before Judge Purnell on the applica-
ton of the Southern Railway TO make
permanent the restraining order upon
the Corporation Commission until the
case is finally settled in he courts was,
begun yeterday morning and continued all
day without being concluded. This argu-
rcent is on the question of enjoining the
Commission from bringing any suits
against the Southern Railway for the pen
atty OF $500 day for failure to obey the
order of the Commission. If Judge Pur-
nell grants the permanent injunction, the
fands Of the Commission will be tied I'M
til the case is finally decided in the
courts.
Argument was made yesterday by Mr..
Fabus H Busbee, Of this city, attorney
for the Southern; Senator E. j. Justice,
of Greensboro, for the Corporation Com
mission; Hon. Il. H Battle, of this city,
also for the Commission, and Mr..
Northrop. of Washington, Of counsel for
the Southern.
There were also present yesterday At
torney General II. d. Gilmer, General
Counsel W. A. Henderson, of the South
ern Railway at Washington, d. c., and
Mr.. r. r. King, of Greensboro, attorney
for the Southern.
Mr. F. II. Busbee, of counsel for the
Southern Railway Company, opened the
argument. He contended that the order
made by the Corporation Commission on
October 3tst., 1908, was invalid in that it
was issued without notice to the railway
company. He also contended that the
four carloads of coal involved in said or
der was shipped into the State of North
Carolina from points outside of the State,
and that the order was therefore void
on the ground OF interference with inter
state commerce. He also insisted that the
order was void on account of the fact
that the Corporation Commission did not
possess tho power to enact the same, in
that it WAS an exercise of legislative
junction. and that the Corporation Com
mission claimed to be court of record
Mr.. Busbee was followed by z. ]. JUS
tice, ESQ, of Greensboro, who was per-
mitttcd by the court to,file an answer in
behalf of the Greensboro Zee ard Coal
Company. He contended that by an agree
lnent between the Southern Railway and
The Greensboro Ice and Coal Company,
a siding had been constructed for the pur-
pose Of enabling the Greensboro Ice and
Co1l Company TO unload coal into bins
placed under the trestle, and that the
order issued by the Cooperation Commits
sion was therefore in aid of interstate
commerce, and could in no aspect of the
case be considered an interference there
with. He claimed that inasmuch as the
right of the Greensboro Ice and Coal
Company to Bring a suit for damages
against the Southern Railway Company
had accrued before the filing of the bill
in injunction would rot lie against the
assertion of this right
Ar. r. H. Battle followed in behalf OF
the Corporation Commission He contend
el that the act establishing the North
Carolina Corporation Commission had been
declared by the Supreme Court OF lie
State to be a constitutional exercise CT
th" legislative power, and that this con
sti uction was binding upon the Federal
court in the absence OF any Federal ques-
tioa. He then proceeded to argue t!,at