The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-02-02
THE Coast LINE
ASKS RE-HEAR|NG
Seeks to Revive Selma
Connection Case.
STILL FULL OF FIGHT
After Matter Has Been Three Times
Heard and Decided BY Unanimous
Decision OF Highest Court. the
Railroad Still Attempts Fur
ther Litigation.

All readers of the News and Obser-
Yer will remember the famous Selma
connection case" which took UP the
tine Of the courts for months and was
finally decided on appeal by a unani-
nous decision of the Supreme Court
In favor of the Corporation Commits
sion last fall
1t was thought that with the ap-
pearance of the able and exhaustive
opinion in that case, backed by the
concurrence of every member of the
-ourt, that the question of the right
II teh Corporation Commission TO re-
Iuire certain schedules to be main
lained by the roads having franchises
AZ the State for the convenience of
The travelling public had been estab-
ished for all time.
Now, however. it seems that. in spite
If the great fight put up by the rich
Atlantic Coast Line and it's defeat in
the highest court, there is still a de-
termination TO carry the matter fur
her and longer delay its settlement.
Such evidence Of animation despite
The expression of pubic opinion and
judicial declaration is evidenced in
he fact that the attorneys of the road
nave recently filed a petition TO rehear
before Judges Walker and Hokc, the
rules of the supreme Court requiring
that two justices shall order a rehear-
.ng before Il may be allowed.
The question of the Selma connec-
tiCn was discussed in full hearing OF
witnesses and all parties interested as
~ the facts and the law, first by the
Corporation Commission second oy
the Superior Court. presided over by
Iudge-noW Supreme Court Justice
crown, and lastly on appeal 40 the Su-
preme Court, which after full argu-
ment anl long consideration affirmed
the order of the railroad commission
requiring the making of the coanec-
zion.
The time set for the long-desired
conenctio at Selma to go into effect
was February 10th. That day draws
on apacc. Considering the fact OF the
shortnesS of the time ana the addi-
tional fact that the road has had a
number of weeks in which to present
IT'S petition to reheaT the case, IL mast
ne concluded that the present pro-
.edure Is but an effort at still further
md prolonged delay which has al
ready been accomplished for more
han fifteen months.
When il is remembered that one OF
the justices of the Supreme Court sat
on the hearing OF the case as a Supe-
sior Court Judge. 50 that he will not
in any probability bring himself to sit
or the hearing of a case in the Su-
creme Court N V hich his decision as
Superior Court Judge has been over
ruled, and that the case was decided
by an undivided court the purpose OF
delay will be the more readily per-
ceived
In view of the long consideration
and the very full argument given to
he question, 1t is hardly to be sup
posed that either Justices Walker or
Connor. or Chief Justice Clark are
now disposed TO reverse themselves on
the decision. As that is so. there
could in any event be but two JUS
tees. Hoke and Brown, who have not
sat upon and previously decided the
case. and of these. for the reason cited
above. Justice Brown will in all prob
ability not sit on the hearing.
Inc people OF the Eastern section
involved nave been delayed and in
convenienced for over year and z.
is 20 be hoped that legal technicali-
ties Will not longer avail TO prevent
them from securing the rights which
the proceedings of TWO authorized
courts have declared them to be en-
titled to.