The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-04-20
Judge Cooke Affirmed in
Greensboro Case.
REVENUE ACT VALID
The Briggs Case From Wilson is Af-
firmed---A Witness Can be Made
to Testify Without eliminating
Himself Thereby. List
of Opinions.

The Supreme Court yesterday affirmed
the decision OF Judge c. NJ. Cooke III the
Greensboro Ice ard Coal Company case,
refusing the petition OF the Southern
Railway to remove the case to the Fed
eral Court. The motion was opposed IN
the lower, court on the ground that 1t
should have been made before the Cor
poration Commission as court Oh rec
ord. Associate Justice Montgomery writes
the opinion of the court, but does not
touch at al upon the question OF the le-
gality of the Corporation Commission as
a court OF record. lie atfirms Judge
Cooke simply upon the ground that II
does not appear upon the tace OF the
papers that the sum involved Is greater
IMAM $4,000, as only four car leads OF coal
are concerned. No case, OF course. can
L.. removed to the United States Courts
unless more than $4,000 is involved.
This is the case in which the Southern
Railway refused to place tour cars oil cca
upon IL siding built by the Greensboro
Ice and Coal Company and moreover laid
an embargo upon freight belonging &c
the company until certain demurrage al
legged to be due was paid, The company
complained to the Corporation Commits
sion, which ordered the Southern TO place
the coal upon the siding and remove the
embargo. The railroad refused to obey
the order, and the matter was heard aEo
re-beard by the Commission, which finally
overruled all the roads exceptions. TneI
the railroad appealed to the State Courts
and also applied to the Federal Ccur'
for an injunction to restrain the Com
mission from compelling them to pay thf
fine for refusing TO obey an order OF the
Corporation Commission When the case
came up In Guiitord Superior Court be-
fore Judge Cooke, the railroad moved to
be allowed to carry the case into the
united States Court, with the result as
stated above.
In the Briggs case, from Wilson, the
court affrms the judgment Oh the lower
court Briggs was a witness in the case
OF State V. Morgan, for gambling, and
refused to testify Oh the ground that ii
might tend to crimiEate him. The solIci
tor relied upon the section OF the Code
which requires witness to testify IL
such cases, for the reason that the statute
provides that the testimony thus ELECTED
cannot be used in any criminal prosecu
tion against the party restitying. The
point was maze by the defendant that
this statute was not constitutional. judge
Ferguson, in the court below, compelled
Briggs to testify and the Supreme Court
now affrms that judgment.
The opinion in the case OF Commits
sioncrs " Packing House, from New Han
over, in which the validity OF the Reeve
nue. Act passed by the last Legislature
was called into question by the Armour
Packing Company. suStains the legality
OF the act 1t WIS claimed that the tax
on meat packing houses was contained il
an amendment to the act, which did not
receive the regular yea and nay vote Ii
the House The court holds that the
provision of the constitution applying tc
the yea and nay vote applies only to the
general bill, and the validity OF mere
amendment is not affected by failure tc
comply with this rule.
The list of opinions handed down yes
terday is as follows:
In Re Briggs, from Wilson; affirmed.
Commissioners against Packing Com
pany from New Hanover; no error.
State against Lilies, from Union; ne
error.