Daily press. [volume] (Newport News, Va.) 1896-current, 1907-09-11
BOOKS OF SOUTHERN
TO Be GONE THROUGH
Special Master Montgomery Will
Grant The Necessary Order to
State Of North Carolina
LAWYERS HAVE A ROT DISPUTE
General Counsel Thorn of the Rail
road, and Representative Wood
ward Engage in a Wordy Battle
During Which the Lie Was Nearly
Passed-onc Witness on Stand.
u3y Associated prcss)

(By Associated Prcss.)
WASHINGTON ID. c.. Sept. To-
Frequent clashes between counsel for
the State of North Carolina and forl
the Southren Railway cnlivoned the
proceedings of the North Carolina rate
case today. the controversies being
over the question as TO whether the
counsel for the State should have free
access to the hooks of the railway
To make of them such use ms they
might see tit. General Counsel Thorn.
for the railway, declared that he die
not object to an inspection of the
books in the presence of the proper
custodian, and i'll the end Special Mas
ter Montgomery. who is taking evil
dence for Circuit Judge pritchard. an
nounced that he would issue an Older
for the production ofthe books under
such supervision. The counsel for the
State will be allowed to engage an OK
pert accountant TO make the inspcc.
ton.
Some of the exchanges between
Counsel Thorn and ex-ConGressman
F. A. Woodward, of counsel fon the
State. threatened To become acrimon-
Gus and compelled the intcrfcrencc OF
the special master.
road paid TO James Pou. brother OF
Representative Pom. about $4,000 n
year for lobbying in North Carolina,
and said he would he able TO prove IT,.
"Thcn prove it, shouted Mr.. Thorn,
and turning to the Special Maste., he
demanded that Mr.. Woodward be
sworn. II was near the close of the
days proceedings that the question OF
examining the books came up.
Judge Shepherd. speaking for the
State. made motion that the rail
road be compelled to give the counsel
for the State and an expert accountant
access to all the books. writings, pa
pers, vouchers and checks
Want the Books.
Mr.. Thorn said he would not oh.
ject nt the issuance of n subpoena for
for Comptroller Plant with the books.
but Judge Sheppe'd argued that such
I'm examination was not satisfactory
for the reason that Mr. Plant was able
by n manipulation of figupi'cs to make
any showing he pleased. and that I'M
less the State could have the books
examined lW an expert there would
he no purpose in getting the books ut
all
Speaker Justice followed with the
statement that the case could not he
t,'ied with justice to the State with
ont an inspection of the books. He
said the State wished to know to
whom has been paid money in North
Carolina. who have received passes.
who have hccn paid salaries and facts
about the passenger mileage, and in
ter-statc earnings.
MIR. Thoms Contention.
Mr.. Thorn contcndcd that every fact
that had been asked fot had been
given by Mr. Plant in an examination
that had lasted for week The mat
tiers that had hcen withheld. he said
were matters that could not he fur
nished from the books of the company
He said he objected To the proposed
incnrsion into tho books l.y men that
had no intc:iest in the railway and
inferred that the course proposed was
one of hostility.
"Our effort is not hostile rcnliod
Mr.. Woodward. Let the SonthIrn
recognize the right of the State to
regulate rates and it will find that no
harm is intended
81 do not deny the right of tho State
to regulate rates. but do object to
regulation which is confiscatory," said
Counsellor Thorn.
Mr.. Woodward in trying to show
why It is necessary for the counsel
for the State to get mt the books said
that ii had been shown that one gen
tleman had been paid abou $4,000 ass
retainer as counsel for the railioad.
and that the gentleman had never
appeared in court for the COMPANY
"Do YOU mean to insinuatc that Mr.
Pon is not counsel for the Southern
Railway asked Captain Thorn.
Mr.. Woodward denied that such was
his purpose.
"Thcn why mention him at all?'
asked Captain Thorn
Mr.. Woodward replied with spirit
that the money was paid 10 Mr.. Pom
to compensate him for lobbying in the
state Legislature. With equal warmth
Captain Thorn wanted to know If Mr..
Woodward could prove his statement.
He said he could by the books of the
company.
Then" said Captain Thorn, "you