Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-09-11
CLASHES BETWEEN COUNSEL
LIVELY PROCEEDINGS BEFORE
JUDGE MONTGOMERY.
Demand for Books of the Southern
Railway Leads to a Lively Ex-
change of Words.

Frequent clashes between counsel for the
state of North Carolina and for the South
ern railway enlivened the proceedings in
the North Carolina rate case yesterday aft
ernoon, the controversy being over the
question as to whether the counsel for the
state should have free access to the books
of the railway to make of them such use as
it saw fit.
1t was near the close of the days proceed
ings that the question of examining the
books came up. Judge Shepherd, speaking
Tor 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, papers vouchers
and checks. Capt. Thorn said he would not
object 10 the issuance of a subpoena for
Controller Plant with the books but Judge
Shepherd argued that such an examina ton
was not satisfactory. for the reason that
Mr.. Plant able by a manipulation of
fgureS TO make any showing he pleased,
books examined by an expert there would be
no purpose in getting the books ut all.
Speaker Justice followed with the state
ment that the case could not be tried with
justice In the state without an inspection
of the books. He said the state wanted to
know whom has been paid money in North
Carolina, whom have received passes whom
have been paid salaries. and facts about the
4
terState earnings.
Capt. Thom's Contention.
Capt, Thorn contended that every fact that
had been asked for had been given by Mr.
Plant in an examination that had lasted for
a week. The matter that had been withheld
he SAID. were matters that could not be fur
nished from the books of the company He
said he objected to the proposed incurslon
into the books by men that had no interest
in the railway, and inferred that the course
proposed was one of hostility.
Our effort IS not hostile" replied Mr.
Woodward Let the Southern recognize
the right of the state to regulate rates and
II Will find that no harm is intended"
Il do not deny the right of the state to
regulate rates, but l do object to regulation
which is confiscatory," said Capt. Thorn.
Mr. Woodward in trying to show why 1t
is necessary for the counsel f1r the state
To get the books. said that il had been
shown that one gentleman had been paid
about $500 as retainer as counsel for
the railroad, and that the gentleman had
never appeared in court for the company.
DO YOU mean to insinuate that Mr. Pou
is not counsel for the Southern railway
asked Cart Thorn.
Mr. Woodward denied that such was his
purpose
Then why mention him al alp" asked
Capt. Thorn.
Mr. Woodward replied with spirit thai the
money was paid to Mr.. Pou 20 compensa te
him for lobbying in the state legislature
With equal warmth Capt. Thorn wanted 20
know If Mr.. Woodward could prove his
statement.
He said he could by the books of the COM
pany.
Then" said Capt Thorn. you do no;
know it, for YOU have not seen the books
and could not know it without seeing the
books.
Upon Mr. Woodward reiterating that he
did know his statement was true, Capt
Thorn demanded hotly:
Proof Demanded.
Then call upon you to prove it. / ask
that the gentleman be sworn
Judge Montgomery had made several at
| tempts to make himself heard and after
! the two lawyers. He told Mr.. Woodward
| that his charge had no bearing on the case
which Mr. Woodward admitted. and said
that he would not have transgressed If Capt
Thorn had not tainted it out OF him
The master said that he had not seen any
| disposition on the part of the counsel for
| the railway to interfere with a full and
! complete inspection OF the books OF the com
! many under proper supervision. He de-
| clared that he could not be expected to give
an order turning over the books to any per
son of whom he had never heard, and OF
whose character, responsibilities and capac'
! tiles he was utterly ignorant He said he
| would issue an order permitting counse
| for the state to have access TO the books II
| the Offices of the Southern railway, in the
| presence of himself and with the proper
| custodian of the books present