The semi-weekly messenger., 1907-09-13
DECLINED TO MODIFY RUuAG /
Books of Southern to be Examin.
ed Within Certain Limits
EXAMINATION BEGINS SEPT. 1s
Judge Could See no Reason for Max
ing Change in Order-Refused TO
Hear Argument That Time Was
Too Short-Governor Glenn Confers
With Counsel.

Washington, Sept. 11.-Over the
protest of counsel for the state of
North Carolina, in the rate case
being heard by standing master Mont
gOmery as a representative OF Judge
Pritchard of the United States cir
cult court next Wednesday, September
IS, was fixed as the day to begin the
examination of books Of the Southern
railway. Judge Montgomery declined
to modify his ruling as outlined in
formally yesterday ana the formal Or
der issued today provides that the
cofplainant produce before him at the
Office Of A. III. Plant, comptroller of
the railroad "all books, papers, and
documents pertinent to, and bearing
upon, the issues, raised in this pro-
ceeding" to be opened to the inspec-
ton of the defense nuder the supervis-
ion Of the standing master; the books,
papers and documents to be in the GUS
tody of the comptroller ''or other Off
GERS whose business is to keep the
books"
In his formal order Judge Mont
gOmery said that "the language and
intent Of the moton can mean nothing
else than that the standing master by
his order turn over to the attorneys
of the defendants and an accountant
OF their own selection the books,
documents and papers Of the complain
ant, without any legal Limitation Or
other restraint. The standing master
refuses SO take that action
Speaker Justice announced that if
the standing master id not intend to
restrict the examination the order is
satisfactory General Counsel Thorn,
for the Southern railway, said that
he did not object to any inspection of
the books on matters pertinent to the
case
Judge Montgomery announced that
he could see no reason for making any
change in his order; and he declined
to hear arguments that the time fixed
was too early to give the state op
portunity to secure a good account
ant.
D. NJ. Lum, engineer Of maintenance
OF way and construction, when the
hearing was begun today testified
it would cost $55, 100000 to reproduce
the proper ties in North Carolina
operated by the Southern Railway.
L. Green, freight traffic manager, fur
nished supplementary figures. The
Southern Railway is concerned in the
introduction of testimony in support
of it's claim that the new rate law in
North carolina is confscatory.
Governor r. B. Glenn, of North
Carolina, arrived here today and had
a conference with the attorneys for
the state engaged in the taking of
testimony in the rate hearing affecting
himself as highly pleased with the
conduct Of the case and the cross-ex-
ANIMATION by the states attorneys,
which, he said, developed facts that
would be material to the state. He
thought that North Carolina would
win out in the controversy. Experts,
he added, had been at work in North
Carolina, getting up evidence and they
will begin the examination Of wit
nesses next week. He declared that
the roads operating in North Carolina
were abundantly able to stand the re-
ductiOn and he was confident of the
outcome
Governor Glenn will leave here to-
morrow for Atlantic City, n J.