The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-26
Judge PriTchard Makes
Rule ReturnabIe April |
ON ANDREWS MOTION
Expected Has Happened in Removal
Of Peiiigrew Street Case to Fed
eral Court---contempt Charge
includes Mayor, Alder
men and Security on
CitY's Cost Bond.

OtkI VuSl 0oHus
Especial 10 News and Observer.)
Asheville, N. c.. March 25.-The
trouble between the city of Durham
and the Southern Railway Company
and the North Carolina Railroad Com
pany which has occupied no small
place in the State press and which
has attracted considerable attention,
was ended for n time today when
Judge Pritchard, of the United states
Circuit Court signed an order or rule
directing the following named parties
to show cause why they should not
be attached FOR contempt of court in
violating an order of the Circuit Court
in and FOR the Eastern District OF
North Carolina which was made by
that court in previous litigation be-
tween the parties: j. +. F'reelard.
Christian, W. H. Proctor. L. G.. Cole.
j. D. PIidgen, L. u. Fuller. Q.
Rawles, w j. Holloway. constituting
members Of the board of aldermen
and john Sprint Hill. Q resident Of
the city of Durham, who is security
for the city upon the cost and N
junction bond which was required by
Judge PEBBLES.
Judge Pritchard also signed an or
der removing the above case to the
Circuit, Court for the Eastern District
of North Carolina. The rule to show
cause is returnable before Judge
PritcnSrd at Asheville on April /, 1870
Vive-president A. r. Andrews OF the
Southern, and Major w. =. Guthrie
CfDnrham. were here in the interest
the Southern.
The news received last night Of the
attempt of Colonel Andrews and mis-
20 how T n
officials of the town of Durham at
tached for contempt of the Federal
court because they ventured TO apply
to Judge PEBBLES for q restraining or
der preventing the continuance or the
tracks laid along Pettigrew street III
Durham in the dark hours of Monday
morning, indicates merely what had
been freely predicted in many quar-
ters that the read would look intimate
ly to the Federal courts for relief fol
the litigation brought about its ears by
the high handed action of Selling upon
and blocking with tracks in the night
time a public street of busy city.
That this removal of the case has
been attempted by indirection is thor
oughly in line with former policies
of the road in matters between Il
and the people.
In addition, it has this unsavory
look that it is an attempt to secure
a civil adjudication at the hands of 9
Circuit court judge of the United
States by means OF a criminal prose
cution.
Prosecution for debt having beer
abolished by the Constitution of the
Nation and the State, reputable law
yers and conscientious business men
have come to frown down upon the
shyster practice of bringing criminal
actions for the end. not really of Sc
curing punishment for crime, but to
force a technically guilty man to pay
up to keep out of Jail.
The Durham case is not that-eX-
actly But the principle is almost
identical. The debt which the city
of Durham is supposed to owe to the
Southern Railroad consists in a decree
of District Judge Purnell. sitting as q
Circuit court, in which he decided m
a case affecting Peabody street in
Durham that the Southern owned as
lessee the two hundred feet right OF
way Of the North Carolina Railroad.
The city appealed from that decis-
ion, but later before the Circuit Court
of Appeals agreed to abandon then
contention as to Peabody street, it be-
ing well known that such action was
in the nature of a compromise intend
ed to stop litigation over the erection
of the new Union depot which had
been ordered to be placed in Durham
by the Railroad Commission, acting
under the Fuller bill of 1903. and the
decision of Judge Purnell was af.
firmed.
At Durham on Friday. when the
question of the restraining order came
before him for hearing. Judge PEBBLES
took the ground that since the litiga-
ton which was ended by consent was
based merely on the right to Peabody
street the decree of the court below
was only 4 consent decree" such as
would not bind the city except as tC
matters arising directly out of the liti.
CATION out of which it arose. intimatine
his doubts as 10 whether it would be-
binding at all in the Federal court a:
to anything except Peabody street.
Certainly that was the understand.
ing of the city of Durham, but tn,
mistake that its citizens and attorney
made was in not fearing the Greeks
For no sooner had the depot which
was the matter at issue been built 81
as to give q semblance of having car
ried out its contract than the Southern
road comes in the night time an
seizes upon Pettigrew street, trusting
to strain the terms of the Purnell de
cree which mad been affirmed Of
an agreement to dismiss the appoa
SO as to vest them with the title q
pettigreW street to use as it would 10
freight yards or otherwise.
And now, when a judge of q Stat
court refuses simply to determine thi
close question of law in its favor an
decides TO let the question OF tn