The news & observer., 1905-12-01
THE COAL CAR SUIT
Corporation Commission
against the Southern.
H ln. R. H. Battle Makes Motion 10 Ad-
vance The Hearing OF the Case
in the Supreme
Court.
Especial to News and Observer.


Richard II. Battle. of Raleigh, n. c..
came here on Monday To make mo-
ton before the United States Supreme
Court to advance the case of Franklin
McNeill ct ais We. the Southern Rail.
way Company.
The North Carolina Corporation
Commission ordered the Southern
Railway Sompany. in October. 1903.
TO place four cars of coal consigned
TO the Greensboro Ice and Coal COM
pany, at Greensboro N. c., which
were held on the yards Of the South
ern Railway Company. The Southern
Railway rendered the cars upon one
sidetrack. but refused to place them
upon the particular private sidetrack,
designated by the North Carolina Cor
poration Commission.
The Southern Railway Company
bought the present suit in equity in
the Circuit Court of the United States
in the Eastern District of North Car
olina against the North Carolina Cor
poration Commission and the individ-
ualS who are the members of II, to en- =
join the bringing of alleged threaten
ened suits to enforce penaities against
the Company for its refusal to obey
rhe order of the Commission. A
final decree was signed in this suit
enjoining the North Carolina Corpora
tion Commission and the members
IRON bringing any action to collect
any penalty against the Southern Rail
way Company. alleged to have been
incurred by reason of its failure 20
oDey the order with respect to the
four cars of coal.
sudee Battle in making the motion
to advance the hearing Of this case,
said, 1.-The North Carolina Corporatlol,
10 in ha,
exercise OF what it regards its Lawful
powers and the performance OF At,
duties. and Il is important to it and Il.
the people of the State that it should
know by a decision of the supreme
court whether it has transgressed the
limits set for it by the Constitution oil
the United States"
Messrs. F. 3. Busbee and Claudlan
Northrop. solicitors for the Southeri
Railway. made answer to judge Ba'-
ties motion to advance by filing d
written brief in which it is asserted
that the Southern Railway has no
preference either for against the
motion to advance the cause on the
docket of the Supreme court. but
point out that the Supreme court has
neld that even III case wnere rev
enue laws of State are enJoined. mo-
ton to advance will not be granted
tioEs Of the State will be embarrass-
ed by the delay.
Judge Battle will remain here fer
several days with his son. DR.. Lewis
Rattle who is one of the successfu
physicians of the National CAPITAL.
Greensboro's Waterworks Case
Mr.. Aubrey l.. Brooks, of Green's
boro, n c., who was admitted TO
practice before the United tSates Su-
preme court on Monday. is ATTORNEY
for the appeflees in the suit enutlec
The Guardian Trust and Deposit COM
pany. of Baltimore. Maryland. VS.. u.
j. Fisher, A. NJ. Scales ct az. rms
case has come up to the Supreme
Court uDon writ of certiorarl 20
the Circuit Court of Appeals at Rich
mond. Va, where the case was twice
srgued The court being unable to
decide the matter involved certified
three questions to the u. 5. Supreme
court.
Solicitor Brooks has obtained ludg-
ment in the State courts OF Nortn
Carolina against the Greensboro Wat
er Supply Company on account of that
company's failure to furnish q Su1n-
cient water pressure to eXtlnlSh 1lre,
resulting in the destruction OF the
Benbow Hotel and other property IN
Greensboro When it became appar-
ent that the Water Company Wouiu
lose the case in the State courts, the
Guardian, Trust and Deposit Company
of Marvlard. which holds $11 900
worth of bonds of the Greensboro
Water Supply Company, secured the
appointment of a receiver by the Cir
cuit Court of the United States, ana
are now contesting the right of MI.
Brooks clients to payment OF lheir
judgements Mr.. Brooks says the real
question now involved, is whether the
limited States Courts will give 1ull
force and credit to the judgments
and order them to be paid first before
payment of the bonds Is made, there
not being a sufficient sum of money
from the sale of he Water Company
to nav both The sum realized from
this sale is said to have been only
$4,000. The Supreme Court of North
Carolina held that these judgements
i'm tort and entitled to priority OF pay
ment over the bonds. by virtue OF
section 1850 of the Code of North
Carolina
Mr.. Brooks made most mastery
argument before the Supreme court
and having been successful SO far'
both in the State and Federal courts
he is confident of winning before the
United States Supreme Court.
Two names mentioned here today as
those of applicants for the position OF
postmaster at Greensboro. n. e., are
Messrs. Robert Douglas and I'll. Scott
The former is understood to have the
support of State Chairman Rollins
while Mr.. Scott is supposed to De the