The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-09-22

Commission was seeking TO compel
that road to obey the law with reference
to furnishing cars, that it couldn't get
justice in the State courts, and would
therefore take it's case to the Federal
court. 1t feels that, having had big
influence in naming certain Federal
judges, it will stand a better chance to
annul the laws of the State of North
Carolina in that court. The Leglsla@
ture sought to put in operation the
maxim what is sauce for the goose
is sauce for the gander" requiring rail-
roads to pay a penalty for not furnish
ing cars, the railroads already charg-
ing shippers a certain sum for every
day that a car is held. 1t is not right
to permit the railroads to make that
charge to shippers unless they are
compelled to pay when shippers are
denied cars for necessary services. AL
least that is what the statutes OF North
Carolina assert. But what Will the
Federal court say? Will they in eff
feet veto the laws of sovereign
State because the Southern Railway
got it's charter from Virginia.?
Today it is George w. Vanderbilt,
who alleges that he cannot get justice
in the North Carolina courts. Tho
Asheville Citizen thus tells the story;
"On the ground of existing 'preJu-
dice and local influence which VIII
prevent him from obtaining justice III
such State court, or in any other
State court, to which the defendant
has the right under the laws OF Salu
State to have such cause removed Oh
account of such prejudice or local IN
fluence" George W. Vanderbilt yester-
dav secured from United States Cir
cult Judge Pritchard four orders re-
moving as many cases from the super
rior court to the u. S. Circuit court.
1.-THE proceeding is an eXparte one,
and the order of removal is not
matter of discretion with the Judge.
but upon presentation of proper al
fidavit if issues as a matter of course.
THE suits brought by M. c. Graz
bilt state that he is a citizen of New
York and the amount in controversy
in each suit is over $500.
."rhe suits BROUGHT by M. c. Ora
ham. administrative of ID. j. Graham.
and j. r. Russell. administrators OF
Richard Russell, are based on an ac7
cident which happened October "a.
,
men employed in navigating a boat
across the French Broad by means
of a cable and the boat capsized, caus-
ing three death. 1t is alleged by tho
complainants that defective appara-
tus caused the accident.
"The suit brought by James j. Par
ker alleges that on the 18th day oh
November, 1901. he had an arm torn
off by a corn husking machine or
"a hn G l.
tied to damages because the foreman,
r Brantley, who is named as CO.
defendant. failed to inform him or
the dangerous nature of the machine
ar. S. Clark's complaint alleges
that on a day, not named. in 1888 ne
was engaged as q laborer in the garry
and was directed to drive an animal
which was tricky and unsafe, not De
ing informed of it's nature, and as E
,aSult was thrown from a wagon and
badly injured. He asks $l5,ooo dam
ages"
If rich men and corporations thus
defy the State ana seek to escape fair
trials at the hands of its people, IL
there no remedy. Is this State but
province?
1t might be interesting for tho
Chairman of the Board of CommlS-
sioners of Buncombe county to eX-
anime Mr.. Vanderbilt to see where no
paws taxes on his stocks, notes bonds.
and other like personal property Last
wear the assessors of New York city as
sesseG him for taxation upon many mil
lions of dollars of securities. He went
before the Board, made oath that he
did not live in New York but was o
resident of North Carolina. 1t wat
properly held then that New York
could not tax him on this species or
property. BY the same token, he
should pay tax on that property IN
North Carolina as we'll as upon his
real estate. Upon how much is he as
sessed in Buncombe county, in add1-
ton to his large real estate holdings
An examination of the New York as
sessment. which was sworn off, might
add half a hundred million dollars of
property to the Buncombe county as
sessments.
Individuals and corporations that
defy North Carolina courts ought to
be made to pay taxes to help support
the county and the State just as well
as the rest of us who trust to the
State courts.
+ The PRESBYTERIAN Standard, already