The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-12-23

than $4,000. Judge Purnell says that
the original controversy may have
arisen over $146 and the placing of
four cars of coal, but that it illus
trates the truism that Great oaks
from little acorns grow" The SUI
preme Court of North Carolina in one
branch of the case, which is reported
in the 1876 N. c., said: "The record in
this case, if we leave out for the pres
ent the petition, shows that the object
of the proceeding, technically and lit
orally, was to compel the defendant
to place upon the side track leading to
the compliments coal yards the four
carloads of coal which the defendant
was refusing to deliver under an al
legged contract that the complainant
at the time the complaint was made be-
fore the Corporation Commission. -
The Supreme Court of North Carolina
again said in that case, in answering
the allegation of the petition of the
Southern Railway Company for re-
moval of the case to the Federal Court
to the effect that the amount involved
State Commerce and was more than
$4,000 as follows THAT the state
ment as to the matter IN controversy
is simply a conclusion of law, an err
roneous one in our opinion, from the
facts as they appear in the record and
even given in the petition. The mat
ter in controversy was not an attempt
on the part of the complainant to IN
terfere with the general business of
the defendant"
The Supreme Court of the United
States in Elgin VS.. Marshal, 100, y. $.
SIS, Holt VS.. Indiana Manufacturing
Company, 176 U. S. rs, United States
VS.. Wanamaker LAT U. S. 149. Wash
ington and r. r. Co. VS.. District of
Columbia 146 u. S. 227, New England
Mort, Co., VS.. Gay las U. S. 123, has
held the same principle.
The Supreme Court of the United
States in Elgin VS.. Marshal, says on
this subject:
''The language of the rule limits by
its own force, the required valuation
of the matter in dispute, in the par
ticular action or suit in which the
jurisdiction is involved, and plainly
excludes by a necessary implication.
any estimate of value as to any mat
ter not actually the subject of that
litigation. It would be clearly a viola
ton of the rule to add to the value OF
the matter determined by any estimate
IN money, by reason of the probative
of ind on N q
subsequent proceedings"
The Supreme Court of the United
States has held that the matter in
dispute should determine the jurisdic-
ton, but Judge Purnell has held that
he will branch out and in his estima-
ton the court has to look TO the effect
of the judgment in this case upon
judgments in other cases. AS he ex-
presses it: Great oaks from little
acorns grow"
Ii this decision stands the power of
the Southern Railway Company would
be absolute over those who have i'm
dustriaI plants and private s,dings
along its line. Absolute control OF the
Railway Company over a large part of
great oak that would grow from tho
little acorn of Judge PurneIrs plant
ing.
1t is not known whether the Defend
ants will carry this case to q higher
court by appeal but the interest of the
enterprises and the people of North
Carolina generally, require that the
Corporation Commission should not
surrender by reason of this opinion,
the large portion of its control and
jurisdiction over railroads, which ii will
surrender if there is not an appeal in
this case, until it has exhausted the
Judiciary. 1t is a sad fact that there
are certain Federal judges whose de-
cisions are as often contrary TO the
interests of the people that the price of
the liberties of the people is eternal
vigilance of these judges. Fortunately
there is a higher court to appeal to,
to reverse the errors which they COM
nit.
Once upon a time Judge Purnell
made some orders with regard to the
Atlantic and North Carolina Railway
Company, which did not stand. and he
has been known to adjudge people in
contempt of his court when they were
not; therefore. there is no ground for
any great alarm that the law is as
Judge Purnell declares it to be in his
opinion. The Supreme Court of North
Carolina has already differed with
him, and no doubt other lawyers will
do likewise.
How TO FIGHT TRUSTS.