The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-05-14
OPENING GUN IN
WAR ON RATEBILLS
Southern Railways Argument and Allegations
Against ConstitutionaIity Of Freight and
Passenger Reduction Measure.

narJanta ill., ~ fron stsr+irg aov
s1tt 80 - 80 ali o+bar
rereorr caa 49, - ac+.on ~
- -. - 1913 Satd ATS FOR
~a9aises ~ o,bcrvvtse
TIC ccnn,e,ran ~ ,s reou,red To give
- ~ 49,, -honsapd dollars with
8, -, .o,s op5 IN cooo Ito motion for
~ f~i.lnctjon 0Gnde1+e lite he for anv
reason rot determined prior 70 July
1sr IT, .ts-n arcd for the acts en-
3cinaa 10 INTO aFfact n make q bond
lat "a nnon tho nayroant hv tha
corrpIa ant If tpa difference between
,~bot v,o.Ia have bee, the charges nm
Gar s,|rh acf and f",sa actually re-
ceiyed, in case such Injunction should
he finally vacated
Digest OF BIZ II
Tho first four .a-+fo0s Of the bin
of complaint CONE. - t-e formal set
ting forth OF the eaart. IF the COM
onponent lines constitute the south
ern Railway system and that IT is and
has been. pursuant to its Virginia
Charter, doing both in-ra and inter
state business in the state OF North
Carolina
The Acts Complained Of.
Section five sets forth the Act OF
the General Assembly entitled IAN
Act TO Prevent Unjust Determinations
in Freight rates and to fix the maxi
mum charge therafor" the naraaranh
n~a~ticuI1rly comnIained Of haino sac-
ton n Of such act, which prescrtbes:
THAT the Corporation Commission
created by the laws of North Carolina,
shall not, In fixing the maximum rates
n charges, or tariff Of rates or
charges for any common carrier trans
porting freight in North Carolina, per-
NIT or allow anv such common car
rier to charge. collect or receive a
greater toll, charge or rate for the
~ransro-tatlon of n article or freight
or commodity embraced in the pres
ent classification fixed and prescribed,
mission where the initial point Of ship
ment is on the road or line Of one
common carrier in this State and the
terminal point of Tic pine l.
on the line or road of another COM
NOR carrier in this State.
than is the sum Of the pres
emf local rates now establish
ed, prescribed or approved bv sold
Corporation Commission. less q re-
duction of TWENTY-FIVE per centrum ,nf
the said local rates on all railroads
for which there is now made or NC
scribed p re6uction fo- a Joint bar1.
and on those railroads for which
there is not now prescribed a reduction
on Joint hauls a reduction Of fifteen
per centum of the local rates now es-
satd Earn p9tjon, go ~ appfoeed "a
railroads.
ana also the act or the General AS
semoly nxlns the maximum rate Of
w. and one-quar.er cents per mile
y pas,snseis' anu IAN OF sucn rates
LOT cniiuren t"elVe years or age and
tndei, except Us TO ROADS under Sixty
Inl me ~ eng thal may De exempted
rom tne provlslons OF the act by the
III W. ollol SolllIlllSSloI.
Section s sets out the provisions Of
the act creating the Corporation
Commission and the acts amendatory
thereof and the powers and duties Of
the several commissioners as pre-
scribed by such acts including is
powers to sue for penalties for dis
obedience of It's orders and acts and
the acts Of the Legislature establish
ing the duties of the Attorney Gener
al and Assistant ATTORNEY General
with respect to the ~disobedience, re-
fusal or neglect of railroad comma
MES to conform to the acts Of the
General Assembly, or the orders and
acts of the corporation Commission
Section Z alleges the fact that the
defendants compose the Corporation
Commission and fill the offices of At
torney General and Assistant ATTORNEY
General and that they are domiciled
within the Eastern District of North
Carolina
Constitutional Objections.
The allegations of section 8 are as
follows:
THAT the effect of said act in re-
spect to Freight Rates and of the
said Act in respect to Passenger
Rates whether taken separately, or
together, if enforced, would, as viii
appear from the considerations now
about to be set forth, be to depriva
the complainant of it's property With
out lust and without
due process Of law, and to deny to it
the equal protection of the laws, con-
trary to the Fourteenth Amendment
to the Constitution of the United
States. the benefit and protection OF
which the complainant respectfully
sets up and claims.
The existing rates and charges in
effect upon this complainants lines
In the state of North Carolina
and applicable to intra-State cuisines
in said State are not higher than is
just and reasonable, whether consid-
cred in espec to the value of the
property used in the public intra-
state service in liz State, or in re-
spect to the value of the service rem
dered to the shippers or to the trav-
elers upon its lines. These rates and
charges now in use on the complain
ants lines in North Carolina are. ia
respect TO the rattle covered nv tha