The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-10-02
ONLY SEE THE BOOKS
!. FOR TWO YEARS 81
Standing Master Montgomery
Refuses to- Allow States Cou1-
sci to Examine for Five Years.
SAY TRAVEL HAS INCREASED
Travelling Men Testify That Re
duction in Fares Has Had
This Effect.
SAY TRAVEL HAS INCREASED
Especial to The rimes-Dispatch.l

Especial to The Tlmes-Dispatchl
RALEIGH, N. c., October 1.-The ex-
animation Of witnesses was taken up
to-day here before Standing Master ".
A. Montgomery in the litigation by the
Southern Railway Company to test the
constitutionality OF the Ia cent pas
senger rate act, passed by tho last
Legislature, this being sitting for the
hearing OF evidence in support OF the
contentious of the counsel for the State
sustaining the rate act. The Southern
is represented by General Counsel A.
p. Thorn and +. II. Busbee. There are
also here for the Southern Third Vice.
President III. B. Spencer and General
Passenger Agent s. III. Hardwick. Mr.
Z. j. Justice, Ex-Governor Aycock, c.
S. Shepherd and T. II. Woodward APP
pear for the State.
Outsiders Have Advantage.
The first three witnesses were trav-
sing men, who testified to having OBJ
served travel condition for several
{ years They were +. w. McNairy. w.
S. Duffee and W. M. Hunt All testi-
fled that cars were overcrowded and
that travel had Increased greatly since
the reduction In fare c. II. Ireland, a
hardware merchant. Of Greensboro, tes-
titled that shippers outside the State
have all the advantage over those do
ling a wholesale or shipping business
within North Carolina. He gave exam
pies OF these Determinations, saying
they apply to practically all the prln-
cipal North Carolina towns. compared
with Virginia cities.
W. c. Balm. OF Greensboro. was also
I. on the stand some time testifying to
conditions much as indicated in the tes-
timony by Ireland.
Only Two Years Bnch.
The afternoon session was taken ur
with lengthy and at times spirited ar
/, gument by counsel, on p motion made
by counsel for the State renewing the
demand for permission to examine the
books OF the Southern from June, 1900
to date, and other equally inportan,
concessions resisted by the Southern
including the right to verify and pre-
pare frem the Southern's records ques
tions f. j. Justice proposes to put tc
Mr.. Plant, of the Southern, and thai
counsel for the State be given an OPP
portunity to learn from the books o.
The Southern the details of the organi
cation OF the company. what properties
were paid for in stocks and bonds
what properties transferred to the com
pany for stocks and the rea. value o
that property. 1880
Standing Master Montgomery he'll
that he had passed on practically al
these matters In Washington. and re
peateu that lie would allow no lESeStl
cation further back than two years
that examinations must be at the ex
pense OF the defendants. and that onl
matters pertinent could be examined.
Tilt Between Counsel.
at In the argument General Counss
Thom for the Southern, took the posi-
ton that the counsel for the State ar
playing for time. Ex-Governor Aycoc
denied this. and said counsel for tn
Southern were taking things easy an
In quietude before the reduced rate
were forced into effect. With the pros
ecutIons OF Southern in mind, Mr.. Tho1
replied that II that period was regarde
In North Carolina as g period OF quie'
Carolina storm. He reminded Ex-GoS
ernor Aycock that in tho State coul
litigations last July he, Aycock. r.
garded two and half hours gre,
concession oftime to allow him (Thoh
to prepare defense in a similar ma;
ter. He represented Aycock as havir
dug the spurs into his bleeding side
driving him to trial then. and insiste
that the State should have had its jul
tifcation at hand when the rate a
was passed.
A written statement by the stan,
ing master overruling motions by Il
States's counsel will be filed to-morro'
and appeal taken Immediately to judi
Pritchard. A number OF witness
will also be offered by the States
counsel Tomorrow. thereby concludil
the hearing until Judge Pritcha-
passes on the appeals indicated.