The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-04-26
How Travel is Hindered
by Broken Connection.
WHOSE FAULT VAST?
A. c. L. Lawyers Try to Make Wit.
nesses Say That no Fault is Found
With Their ROad-.-They
Lay it All to the
Southern.

Witness after witness yesterday tes-
tilted in the Superior court to the
great inconvenience caused the people
of Eastern North Carolina by the
breaking of the connection at Selma
between the Atlantic Coast Line and
the Southern railway, and then the
lawyers for the railroad would try
by ss-eXamination to show that il
was not the fault of the Atlantic Coast
Line that the connection was broken,
but the fault of the Southern railway
That's about the color so far of the
trial of the appeal of the Atlantic
Coast Line from the order of the Cor
poration Commission requiring the At
lantic Coast Line to make the con-
nection at Selma with the Southern's s
Westbound train leaving there at 2:25
p m, and suggesting that the Coast
Line extend it's Plymouth train from
Rocky Mount to Selma, or the one
from Spring Hope to Rocky Mount.
Judge George H. Brown is presid-
ing, and he was inclined to consider
the case one rather for a referee than
a jury, but counsel for the Corpora
ton Commission. through Hon. F. A.
Woodard, of Wilson, insisted upon Il
jury trial, and counsel for the rail-
road yielded any objection.
When the attorneys took their seats
upon the conVening of court, it was
seen that Messrs. Douglass SS Simms
of Raleigh, and Solicitor Armistead
Jones and Mr. w. b. Jones had been
retained to.assist Messrs Junius Davis
of Wilmington and MeSsrS. P-'I q
Fuller, of Raleigh, for the Atlantic
Coast Line. There were present then
for the Corporation Commission At
torney General r. d. Gilmer, Hon. F.
A. Woodard and Mr.. S. A. Woodard
of Wilson. After a few minutes con-
versatiOn Gen. Gilmer and Mr.. Wood
ard called to Col. T. M. Argo, and in
few minutes Messrs. Argo & Shaffer
took their seats with the attorneys for
the Corporation Commission, the
plaintiff in this case. Later, when the
court re-conVened after recess for dim
ner, it was observed that Mr.. Chas. M.
Busbee, too, had been called in by
the plaintiff.
1t took some time to select a jury,
and the regular panel was exhausted,
the sheriff being compelled to send
out after more men. When the jury
box was finally filled the twelve were
Charles A. Lilies, c. r. Scott, c. B.
Lyon, G. H. Weathers, Reuben Cole
(col), w. f. Clark, F. NJ. Ferrel j.
b. Dean, d. r. Byrum, Jos. Bland, w.
d. Howell, William NOVEL;.
Trial in Detail.
Mr.. Pou first moved that the COM
pany De allowed to mahe a slight
amendment to the second exception,
making 1T read that they declared the
order of tha Commission to be in Vio-
lation of the Constitution of the Cnl.
ted States. as we'll as of the lam
amendment to the Constitution. This
was granted by consent.
Mr. Woodard, first addressed the
court, saying this was an appeal from
an order of the Corporation Commits
sion directing the Atlantic Coast Line
to connect with the Southern Rail-
way ut Selma. Then Mr. Woodard
read the order of the Commission ana
the answer of the Atlantic Coast Line,
claiming that the connection WAS
broken by the Southern, tnat they
had tried in every way to make the
connection, and could not do so. The
evidence of the Southern before the
Commission was also read. setting
forth that the Atlantic Coast Line had
failed almost every day to make the
connection. during the time when IL
was in force. Uoon this the Commits
sion had allowed the Southern to
change the leaving time of their
train to 2:25 from Selma, but stated
at the same time that it seemed to
them it was practicable for the Allan
tic Coast Line to extend either the
Plymouth train or the Spring Hope
train from Rocky Mount to Selma be-
tween 1850 and 2:25 in the day.
Mr.. Pou read the exceptions of the
A. G. l.. to the order of the Commits
sion. declaring that the light engines
used fro n Plymouth to Rocky Mount
could not make the required Sched-
ule which called for speed Of about
As miles an hour. Practically the
same objection was made TO running
the Spring Hope train to Selma. The
cost of this extra train sug-
gested by The Commission would be
$65.00 per day, and the company
would get 10 additional income by the
running of this train. It was also
cont 2ndai that the Commission had
not the power to require the com
pany to put on an additional or ex;rs,
sonabIe because the company ALREADY
furnished arrple accommodation for
passengers Gui;ts from the east 70
Raleigh.
Judge Brown ask III if it was a case
for a jury.
Mr.. pou said It appeared that there
were a great many facts to be passed
upon. He said that the road hac
drawn ID Il list Of the questions to
be submitted as to the facts.
Judge Brown asked to hear these,
and Mr. Pou read them as follows:
First Is it practicable for tram
No. 80 of the Atlantic Coast Line Rail |
road, due to arrive at Selma at 1850
.. M, to make connection at SelmaI
with train No. 135 westbound, of the !