The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-08-06

Exhibit No. L. and Defendants Exhibit
No. g. all of which said exhibits are
filed with and made part OF the an
swcr OF the defendants herein to the
rule heretofore awarded In this cause,
requiring said defendants to appear be-
fore the Hon. Jeter c. Pr.chard. ono
of the Judges Of this court, at the city
of Ashevill., in the State of North
Carolina, OH the eth day Of June. 1907,
and show cause why an Injunction pen
dcnte lie should not issue. as prayed
for in snd bill OF complaint. and which
said exhibits arc hereby referred to.
aud made part Of this plea as fnlly
as II the same were herein set forth IN
e%tonso, and are prayed 10 be taken and
read as part of this plea; that The
said constitutional and statutory pro-
visions are still in fun force and effect
and have been in full force and effect
continuously since prior TO the LIST day
OF January, 1904, and they represent
the entire constitutional and statutory
provisions Of said State upon The subject
OF this plea or relating 70 the subject
matter of this suit, in effect al any
time since the LIST day OF January, 1905;
that on the btn day of October, 1908.
certain rules of order, practice and pro-
cedurc before the said state Corpora
tion Commission We're duly made and
prescribed by said commission and en-
tered upon the records of Is proceed
ings, and also printed and disrihuted'
an. al WHICH MSts yulIbllH'd ~ ~"
aforesaid statutes, and was in accord
ance with the authority and provisions
OF said statutes. which said rules OF or
der practice and procedure are filed as
Defendants Exhibit No, 3 with, and
made part Of. the aforesaid answer OF
the defendants herein TO the aforesaid
rule 10 snow cause why an injunction
pendente lite should not ns awarded in
this suit as prayed Tor in said bill Of
complaint, and winch said exhibit is
i. ..1F g,as al and Il F.Er ~ f.f
this plea as fully as II no same was
therein set forth liz eHieuso, and is
prayed to he taken and READ az a part
Of this plea; that the proceedings be-
fore tho said state Corporation Com.
mission, which are referred to In said
bin OF complaint, and IN which the said
commission on the 2Tih day Of April,
1907. entered It's order in respect to the
passenger rates q the plaintiff, COM
planed Of n said hill Of complaint, were
tlktn and had before the said com
mission in strict conformity. in every
respect with the provisions, hereinhs-
fore referred TO, Of the Constitution and
statutes q; the said state, and of the
said rules of order, practice and pro-
cedure all ot which Will more fully and
a, large appear from sections mn and
eighth of the aforesaid answer oi the
defendants herein 10 the aforesaid rule
to show cause why an injunction pen-
dente lite should not be awarded in
complaint. and from 'Detendants' Exhibit
No 4 and Defendants Exhibit 10 g.
which said exhibits are fled with and
made part of the said answer Of the
defendants herein 10 tho aforesaid ruio,
aud which said exhibits, and sections
MN ana eighth OF the said answer to
said rule CeNcept Insofar as said sections
present ans defense oihtr than the sole
defense ntcrposed by aNd relied upon
In this plea, VIZ: that this suit cannot
be entertained by THIS court because OF
the Inhibition OF ssction 120 Of tho
| Revised statutes Of the UniiAd states
| hereinafter more particularly referred
| Tor, are hereby referred 10. aud made a
! part Of this plea as fully as II the same
| were herein vet forth In eKtenso. and
/ are MAYED TO he taken and 9ead M i
| part Of This plea; shat tha Common
| wealth Of Virginia wax a formal plaintiff
/ 81 the aforesaid proceedings before said
eommission. referred 10 In said bill Of
| complaint, ana waB required 10 he such
by the HforeBald Laws of said state,
that under said laws the said Common
wealth, 80 Well ns any ascendant In said
/ procfedlnss, may as matter Of right
| now appeal from said order Of said com
mission Of April 81, la07, 10 the suprem,
Court OF Appeals OF Virginia. thet 10,
the REASONS next hereinafter pointed out
this h.noTabe' court it,,withput powe
to enjoin the said Suprernh Court d
Appeals from hearing ana dstiding an.