The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-01-07
THE FEDERAL
COURT INVOKED
Southern Railway Op-
poses State laws.
ENJOINS COM MISSION
IFS PURPOSE in Greensboro Ice and
Coal Company Case FRS! Given
TO The Public Through Its
Whcezy Railroad
Organ.

As is its wont and custom the Southern
Railway is seeking the cover of the Fed
eral Courts z i 1i&GasA
Not content with having it's matters
concerning North Carolina tried and deter
mined in the properly constituted tribun-
ais of the State it is again running tor
comfort to the United States court
II does not like North Carolina justice
and It is irving to evade it and find
wav out of the woods after it has violated
and defed the laws of the Corporation
Commission.
Tho step was expected, for 1t is the
same old plan Of the Southern. Its first
announcement that it had really sought
to eoioin the Corporation Comm1ssltN
was SGT forth in its wheezy old organ, the
Morning Post. yesterday morning, even
befor, the writ had been made out IN the
office of the Federal Clerk and an entire
day before it was placed in the hands OF
The United States Marshal
Once again the people OF North Caro-
lima are afforded the spectacle OF the
pine line of information and controT
extending FROM Southern Railway officials
20 TIE office of the Morning Post. ~
sure as the Southern Railway does any
thing that the public must sooner or later
know the signal is rung up at the Morn
ing Post and that wheezy old organ is told
10 "blow ITSELF
The writ enioining the Corporation
Commission is to prevent its orders con-
cey-nlng the treatment of the Greensboro
Ice and Coal Company by the Southern
Pathway from going into effect. 1t was
sued out before Judge Thomas R. Pur-
nell OF the United States court by Nj
F'abius II Busbee as counsel Tor the
Southern and asks that the Corporation
Commission be enjoined from interfering
with the Southern Railway IN the mat
ter of interstate commerce.
THE writ as served last night on Chair
man Mcneil is against both the Con1mls
sion and the Greensboro Ice and Coal Com
pany. and is returnable h@e2re the Circuit
Court in Raleigh on tt. ninth day OF
February. It's purpose is to restrain the
order of the commission and to vitiate its
decision allowing damages to the Greens
boro corporatin.
This writ was turned over to United
States Marshal Dockery shortly before
six O'Clock last night and by him and
Deputy Sharpe was served on Hon. Frank
lin MvNeil chairman of the Corporation
Commission at his home, and on Hon
g T., Rogers, member of the Commits
sion. at the Park Hotel. Commissioner
r. e, Beddingfeld was at his home in
tire country and the writ will be served
or him today.
These injunction proceedings have come
because the Southern is not satisfied with
zion I'm the case in which the Southern
Railway was fined for not placing cars as
needed on the railway track jointly owned
by itself and the Greensboro Ice and Coal
Company The Southern claimed fees and
demurrage which the Corporation Commits
sion decided had already been paid in SO
faw az they were lawful. They found that
the Southern must place cars on the track
and remove these az desired by the
Greensboro lee and Coal Company and
for the failure of the road to do so it
placed fine upon it. The Southern filed
czcertins TO tfis order and the Commits
sion over-ruled thee exceptions. finding
tha. the claim of the Southern TO demur
rage was unfounded.
Now the Southern applies to the Fedora
Courts for an injunction and will seek
coyerrlde the Corporation Commission
by bringing in claims that the order o.
the Commission is a violation the inter
sia.c commerce law, holding that as The
ice and coal handled by the road came
from Virginia and other States the order
issued against IL by the Commission i;
ir violation OF the interstate commerce law
The Southern. after the commission de
cClined to change its rulings when tht
exceptions were fled give notice of az
appeal. It was understood then that thi,
appeal would be to the State courts. but
the Southern has run away from these
and has instituted its proceedings in tbs
FEDERAL courts