The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-08-13
MERGER SUIT TO
BE TRIED SOON.
Question Of Southern Railway Lease
Over Old South Carolina to be
Considered-History of the
Case.
Greenville News.

Greenville News.
Columbia, August S:-While other
southern states are hauling the rail
roads into court in a more or less
spectacular manner South Carolina
seems to be regulating the roads in
an orderly and dienifed way. There
has been in the courts for several
years what is known as the southern
merger suit and it is highly probable
that it Will soon come to trial. An
agreement has been reached between
the attorney general and the attorney
for the southern that the case shall
be tried at the next term of common
pleas court in this, Richland county,
and unless some unforeseen event oc-
ours the trial will take place. The
case is brought on the equity side Of
the court.
The purpose Of this suit is to test
the validity Of the lease the Southern
Railway has on the old South Carol
ina road, running out of Charleston.
Under the constitution the combina-
ton or merger Of two competing roads
is forbidden ad some years ago an
act was passed allowing individuals
who alleged damage by reason Of
such a combination to bring suit
against the offending road. Under this
act a number Of suits were brought
along the line of this road but the gen.
eral assembly passed an act instruct
ing the attorney general to institute
proceedings to test this lease and vir-
tually putting out Of court the then
pending cases. The action was in
stituted under Attorney General Gun
ter, who later died in Office after a
lengthy illness, and owing to his ILL
ness and other reasons the case has
never been brought to trial. Mr..
Gunter's successor, Mr.. Youmans,
was also i'll for a portion Of the time
he was in office and was not able to
press the litigation. Attorney Gen.
eral Lyon has inherited the litigation
from the previous administrations
and he is anxious to bring it to trial.
He appeared before the ways and
means committee at the last session
and asked for an appropriation to
prosecute the matter and the commit
tee recommended an appropriation OF
$1,000, which was voted by the gen.
eral assembly. This is very small
amount to conduct a litigation against
a great corporation with It's we'll paid
attorneys, but it may prove sufficient.
At one time there we're number of
prominent attorneys associated with
the attorney general i. representing
the state, but it is understood that
several of them have withdrawn from
the case recently. Mr.. G. Duncan
Bellinger, former attorney general,
is still associated with Mr.. Lyon in
the matter.
The suit was originally brought in
Kershaw county, but during Mr.. You
mans term as attorney general it was
by consent removed to Richland eoun-
ty and the understanding now is that
it will be called for trial at the fall
term of. court for this county. The
Southern railway has all along pro-
fessed a desire to have the issues at
stake settled, as the company has not
cared to undertake extensive improve
ments on this road in question if its
lease is to be knocked up or ques-
toned. It has seemed unfair to many
that the state should hold in abey-
ance this matter while at the same
time the legislature and the public
were demanding that the railroad
constantly expend money in large
sums on this road. The spirit Of fair
ness would seem to require that the
roads status be settled without fur
ther delay, especially # the legisla-
ture is to compel the .ssee to I'M
nrove the DrODerty,