The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1906-06-26
GENUFLECTING TO
A PROUD PURNELL
Corporation Commission Admits Its Impotence
and Tenders District Judge a States
Submission.

tIon Of the state. this doubtless lu abe
hape that there would b- discovered
some way to plough afound the pro-
visions Of the laW to "a fear that some
OF the thousands Of petitioners miga.
sue and thereby afford au opportunity
10 make the injunction permanent or
otherwise retain the cause ON the
docket.
Thus ended. with the state Of North
Carolina i'm the attitude Of paying tho
costs Of a proceeding which had been
raped by The Federal court from It's
authorized commission. the first chao-
ted Of the southern Railways change
Of schedule in spitefuI injury Of The
News and Observer.
The Inning Of PurneII.
1t must be admitted that Judge
Purnell "ot glory yesterday for which
he has long been waiting. Before HIM
STOOD the Attorney General Of the
state, representing q corporation com
mission. bowling to the caprice OF his
pleasure. An admiring audience Of
thee Southern's attorneys We're there to
mentally eXclaim Hear, Hear" Had
only the commissioners been present in
person 70 come up and take off their
coats, the Federal Court in the per
son Of its Judge would almost have
SWelled to translation through the
roof. As 1t was it was q joyous Judge.
holding himself in his chair with an
effort, ponderous in dignity ana sen
tentious in u~tterance.
The little audience filled the room,
the Attorney General. Messrs. e. II.
Busbee, j. II, Pou, and a. Il. Andrews.
Jr., counsel for the Southern, Mr.. Hen
ny Miller. right hand man Of Colonel
y. +. Andrews. Collector Duncan. the
one pure spectator and newspaper
men. These the judge swept with a
SLOW eye and remarked: 4 haven't
CA,1t the. 1,IaIlinkFN. GfnGa rha,~ -.,..
filed, but uppose I have them sutti-
GENTLY in my head"
With an effect that he was dubious
as To this, Mr.. Busbee suggested that
he had better read the complaint and
let the Attorney General respond sec
ton by section with the answer ana
this was done.
AS it became evident that the Cor
~poration Commission had quit. the
southern attorneys smiled seraphicalil
and cast commiserating chances to-
wards the Attorney General. The
effect ON Judge Purnell was fascinat-
ing to watch. Turning in his chair
with slow grace, his right arm ex-
tended at length across his desk. his
left elbow on the wide arm of the
chair and the chin held and the
mouth half covered by the left hand,
he gazed off into space with eyes
which held in their brown depths a
deep reflection. 1t might have been
an old painting of some profound
lawyer OF the older cOurtS. swung III
the balance of equitable meditation.
clustered from the world.
For some minutes only this pose
satisfied. Another followed it even
more effective. The heavy chair
swung a little more around, the right
elbow dropped upon the desk, the
head fell low and to one side with
the palm Of the hand supporting the
cheek while the left hand grasped the
arm of the chain with legal deter
mination. Now that all cause for
fear was over, Judge Purnell a V
himself up to looking the jurist. His
hard brown face, immobiIe and stern,
his sad mouth. the judicial double
chin and the incipient port of his per-
son made Il picture which showed a
sense of values.
It was a judgy looking judge.
And the Costs. TOO!
At the conclusion of the reading
of the ~pIeadings. Messrs. GiImer and
BuSbee spoke as stated and the ques-
ton came down finally to hat of
costs.
Before this Judge Purnell had re-
marked as a teacher addresses a class
that 1T has been my experience hat
it is better to look at the statute III
every case"
The attorneys dutifuIly scurried
around and found the statute which
read as everybody knew it would
read.
Again the judge remarked with ele-
mentaI wisdom:
considering this is a court where
everything is statutory. you will find
it best always to look at a statute"
The statute having been found and
looked at, the judge addressed the
attorneys: well, what do you ex-
pect?"
'"They," said he, referring to the
commissioners, "seem to have fallen
by the WaySide."
some further discussion followed
and the court finally remarked that
every point raised seemed to have
been decided in the lee and Coal Com
pany case. which had been appealed
from him affirmed by the Su-
preme court. The audience gave
ear while the court explained the
fact that his decision had been affirm
ed and finally Judgment was given
upon which a decree will be drawn.
AT the time the restraining order
was issued.' he said. "as the facts
appeared to the court and the COM
p]lainant, the order was proper,
though the complainant might have
waited for developments. Since then
the facts have changed. | give the
Corporation Commissioners full credit
for the sincerity of their answer. h
bill is dismissed. The facts appear.
inc to have justified the complainant
in bringing the suit, the commission
is taxed with the costs. AS to Law
renee the bill as to him is dismissed,
he having incurred no costs and pro-
VOked none.
Then everybody went away. the judge
still sitting at his desk, gloomy EN-
Of law. gazing at the wall,
master of himself. regarding the
southern Railway attorneys without Il
blink.
The material portions of the answer
which was filed On behalf of the Com
mission follow:
The Answer In Surrender.
The Joint and several answer of the
defendants. Franklin McNelll, Samuel
7. Rogers and Eugene {. R~eddinSt.eld
to tha hill of complaint. reSerVlng the
RIGHT of exception to the bill and esoe-
ciallv protesting that this court has
NAN-s