The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-04-13

| between the southern IedllNdy SoLl-
pany and the city of Durham Is not
| involved and can have no bearing
when we come to consider the question
| as to whether the respondents are
guilty of violating a decree or this
court. These are matters that can be
| determined according to the Wel-eS-
| tablished rules of procedure in the
proper form. In order to insure the
| proper observance of the mandates of
| the court it is essential that its de-
crees, judgments and orders should be
| observed. 1t is the duty OF all good
| citizens to observe and respect the de-
crees of the court. Congress has pro-
| Vided the means by which the court
J can secure the proper enforcement of
| its DEGREES by the punishment of those
! who do anything calculated to delay.
| hinder or embarrass the court in the
exercise of it's function.
while it is gratifying to know that
| the Southern Railway Company and
the city of Durham have been able to
amicably adjust and differences which
| may have existed between them, at the
same time it is incumbent on the court
| to consider the petition and the answer
| in order to be able to ascertain whether
| the acts committed by the respondents
are of such a character as to warrant
the court in adjudging them guilty OF
contempt.
| petitioner that inasmuch as the parties
| to the controversy in the city of Dur
| ham have adjusted their differences,
| the rule against the officials of that
city should be dismissed. The fact
that such an adjustment has been
made has nothing to do with the guilt
| or innocence of the respondents, and
| cGn only be considered in mitigation
/ of punishment in the event the court
| should be of opinion that the parties
are guilty.
Contempt proceedings are quasi
| criminal in their nature and are re-
| sorted to to enable the court to en-
| force its orders and DEGREES. When
such proceedings are instituted it
would not be conducive to the admin
| lstration of justice to permit them TO
| be dismissed on the motion of the pc
! ritioner without thorough inyestiga-
| ton of the facts upon which the rule
| was issued.
| after a careful consideration of the
| answer filed by the officials of the city
/ of Durham the court is of opinion
| that the respondents, the mayor and
board of aldermen are not guilty and
are therefore discharged"
| When the mayor and board Of al
| dermen determined on that celebrated
! Monday morning to fight the invasion
| of their streets by corporate anarchy,
they We're required to give bond. Mr..
John Sprunt Hill signed as surety for
the aldermen and mayor, and when
the Southern Railway agreed to with.
draw its fight against the officials it
! resolved not to forgive Mr. Hill, but to
make an example of him so as to deter
| every other rich man from daring to
take sides in any matter not friendly
to the arbitrary dictatlon of the South
ern Railway. At Ashevilles for two
whole days the Southern bosses and
their lawyers waged the fight against
Mr.. Hill and hoped that Judge Pritch.
ard would put him behind the bars or
impose heavy fine upon him for the
grave crime of becoming surety for
| eight or nine public officials charged
with crime! If a citizen with money
can be put in Jail for giving bond to
those litigating against the Southern
| Railway, then indeed would the South
ern's supremacy be complete and no
man dare to assert his rights against
that most dangerous foe to corporate
and political fair play in North Caro-
lima! 1t was not merely because Mr..
Hill had signed the bond-that was
one sin he had committed against the
power Higher up" as a smaller rail-
way magnate calls the boss of the
Southern Railway. Mr.. Hill had COM
mitted a greater offiense. He had
dared to criticize the high handed and
unjust policy of the Southern Rail-
way in its dealings with the city OF
Durham. That was lese majesty in
Southern Railway circles It's deter
mination to rule or ruin is so well
known that not q few politicians in
this State are suddenly made dumb
when they ought to speak out against
Southern Railway wrongs inflicted
upon North Carolina people. Mr. Hill
was not of that stripe. He not only
criticized certain acts but took
steps to compel the Southern Rail-
way to elevate it's tracks so as to
secure the life and safety of the peo-
pie of Durham, and he actually had
the temerity to beard the Big Boss on
his own dung-hill come to Raleigh,
and urge the passage of bill to pre-
vent the constant danger to life anG
limbs to which the people are exposed
who live in South Durham, or send
their children to school there. And
Mr.. Hill, acting with Durham's Sem
ator and Representatives secured the
passage of the bill that gives the Cor
poration Commission authority to COM
pei the Southern to elevate its tracks.
That was the objectionable sin and the
Big Boss marked Mr.. Hill for slaugh-
ter. 1t was decreed that he should
be made an example of and held out
as a warning to others that it is safer
to put ones head into the Southern
halter than to dare to criticize the