The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-05-14

under su~r 49, conditions. be a
reasonable compensation Tor the ST
Vice rendered. = &o-41, tasFeA't
Vic ate thc Fo1r.eel-1 AISn4naeA.
q tie sNtEtIoe @e C4
Stsse and - LEa se-~3A - -
further alleged taat = & @
.cZ station rnue-la EGL ~ N1+l
..s1uLn ra.c. reesr less Of - 2
.ttars .-a are Therefore Votd = :.
tls rates now II force are. IN IA
ms &G~es. "4nroasonably low, aHd .+'At
t1e ties PROPOSED aEe not Er1
bic .Aat operating expenses are 81
creasin.. and the acts and the rae
souGht 10 be established oy t@cu ara
in violation of tho Constitutional
Amendment. IL
"A Discrimination
Section p alleges that the CHARGES
OF the complainant are just end F@@-
sonable and nicely adjusted betW-s9
intra-state and Interstate tsaHa-'
nat the State has no power 20 pro-
vide for a Discrimination II favor o.
Its " traffic, which would De n
effect OF the rates proposed. Th.ca
would seriously disarEaBse n O.
crease the efficiency OF the service
glen by the complainant IN i-l.L-
state business, and require the glV.Ss
OF a preference to the state OF Norm
Carolina, and be such a burden on
interstate commerce as 10 be a VIOLA
ton Of the Interstate coEnH1efCS
clause OF the Constitution.
Section 13 Ia devoted to secuoh
three OF The freight rate bill p~roVidins
penalties for failure to furnish cars
within a time certain after appuca-
ton. the allegation being that sucn re-
quirement being preTemptory ana hot
taking into account. wrecks. accidents
etc. and freight congestion causing
the detention Of cars in other states
Is an attempted regulation OF inter
State commerce in violation or the
Commerce Clause of the constitution
Section IA refers 10 the penalty sec
tons Of the freight and passenger acts
and the punishments prescribed Io-
violation thereof by fine Of the agent
or employee committing such viola
ton. or his Imprisonment. and a nne
of the for each offense. h
allegation being that the purpo IS
to prevent by confscatory penaI1ie7
any enquiry into the validity OF the
statutes and thai such statutes are,
therefore, a denial of the equal pro-
lection of the laws and In violation
Of the Fourteenth Amendment to the
Constitution Of the United states.
Section 10 attacks the provision re-
curling the sale of mileage books in
that 1t requires the complaint to act
as the agent Of other companies, per-
mits other companies to collect mon
ey for transportation which the COM
plaInant Is required to furnish, and IL
a deprivation Of property without Que
process Of law and 4 denial Of the
equal protection Of the law.
Section 16 alleges that. in so far as
the complainant IS treated differently
with respect to passenger charges and
demurrage and freight charges, and
with respect to passenger charges by
roads less than sixty miles In length,
these differences in the lie
applicable to the complainant are I'M
constitutional Determinations and in
violation Of the Fourteenth Amend
meht.
Section II alleges that the Corpora
ton Commissioners are required to
publish a schedule of the charges fixed
by the acts and, IN case Of violation
thereof, that the attorney general and
his assistant are charged with the
duty of prosecuting in each case; that
the complainant is therefore in dan
ger of a multiplicity Of suits, which
separately it might not be able to de-
fend; that the entire controversy
should be heard in one action.
Section IS merely alleges that the
subject matter of the suit is in excess
of $4,000 and that it involves consti-
t%utionaI questions and is a controversy
between citizens of different States.
The Bond to Reimburse.
Section 10 states the purpose of the
cause to De an orderly proceeding III
the courts to obtain q judicial determ-
ination of the rights Of the complain
ant under the Constitution of the Uni
ted States, and that If 1t be found that
they have been infringed upon. an in
junction may be obtained; that for the
of such inquiry an INDUCTION
is necessary; that the complainant be
permitted to give bond from time to
time pending final determination Of
the suit as the court may order, con-
ditioned upon the payment by it, in
the event that the acts be upheld, Of
the difference between the rates and
charges IKE by such acts and those
in force; that 1T furnish accurate aC-
counts Of passengers and freights
handled and the charges made there
for: and that 1t issue. after the date
when such acts are to go into effect,
coupons to passengers calling for the
of difference in charges to be
paid in the event that the acts shall
be sustained as constitutional by the
court.
Section 20 Complainant AYERS that
1t will be irremediably injured unless
an injunction be granted as hereinaf-
ter prayed, and relief be granted to it
in his suit