The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-05-14
FIGURES POVERTY


DO IIsures Ecyer Lie?
Sets I'D a Long and Detailed Hypo-
tr-1icaI Case Based Upon What
worla Hare Happened in 1906 Had
f,c Rates Provided for Been in
Force-Is Mathematics Accurate
From Their Own T're:nises-DeciaT-
nd That ,,c 8ighf to Raise Rates is
Guaranteed TO q Railroad by the
Consultation Wien it Is Necessary
for II to Do SO and That a Maxi
mum Rate Is Unconstitutional, per
.-yrescnt Rates ALLEGED to be
4 sonnb le. In Many Cases Low Al
rcady-The Rate Law Said to be a
Denial OF Equal Protection, 4 Taking
of Property Without Due Process
and Many Other Things
tutional and VOID.
Colonel w. 3. Rodrnan, Ch!ef
Southern Railway attorney for North
Carolina. Yesterday delivered to the
office of the Corporation Commission
comics Of the Bill of Complaint in the
f~riunction asked of Judge PTitchaT1
Inst the enforcement Of the
freight Reduction act and the Pas
aanecr rate bill passed by the last
Legislature.
As stated yesterday, the prelimina-
~ restraining order was granted by
Judge Pritchard at Ashev1lie on
=, eencsday and copies Of this, with
TIE equity subpoenas from the Fed
eral Court. were also served on al
the commissioners II will be, Il
they have not already been, served
upon Attorney Genera Gumer ani
his Assistant, Mr.. Hayden Clement
who are also named as defendants
The injunction is also ~'blankAt' in
its character as il ensoinG any indivld-
ual from bringing suit for a violation
by the complainant railroad of the
provisions Of either Of the acts Of
the Legislature.
In character. the proceeding is an
alogous to the practice in the STATE
although on the equity side Of
the docket in the Federal jurlsdtc-
ton. AS the matter stands at pres
eat, q temporary restraining order
has been granted which will be in
force without further proceedings un-
til the hearing on June 26th- At that
time the compartments motion will
be heard for an injunction ~penderte
lite or. as b expression is in the
State courts, that the Restraining
order be continued to the hearing"
After the hearing or June
2fth. Judge Pritchard may either
s:r.es rlo@ restraining order or
5ati1.e f. % be heard upon
he mo,!Je f the controversy. as pre-
ztll.~l =. me bill Of complaint, which
mas been filed, and the answer Of the
The chief ground of reliance is, as
was expected. hat the charges and
rates prescribed by the acts attacked
are so low as to decrease the revenue
the railroad to a point where 1T will
represent a fair return. The long
est section of the bill is devoted to q
detailed mathematical calculation de-
vised to show this most important
fact. the basis of calculation being the
reports of the year 1905-19O6 as con
trasted with what it is alleged they
would have been had the charges and
rates established by the two acts been
actually in effect during that year,
which is stated to be a fairly repre-
sentative one.
There are many other grounds al
legged as establishing the unconstitu-
tional character Of various sections Of
the two bills, one of the most interest
ing and novel contentious being that
the very fixing of a maximum rate is
unconstitutional since the complainant
is guaranteed the right to raise it's
rates whenever conditions arise maxi
Ing 1t necessary for it to do so in
order to realize a reasonable profit.
A point of interest about the res
training order is that, in the event that
the date for the laws to go into eff
feet arrives before the deter
conditioned of the controversy
the railway SHAH give bond
conditioned upon it's -imburi
the public. for passenger fares and
prescribed by the Legislative acts, in
the event that they shall be finally
sustained as valid by the courts.
Whatever the immediate outcome in
the Circuit Court. the suits will even
tually not be settled until an opinion
- lcllutl Gu bN Inc supreme court OF
the United States.
< Fciunninous ''Bill."
The dill. which with the numerous
exhibits. Is contained in a large PAM
phlet of ~sixty-four pages. is entitled
In the Circuit Court of the United
States for the Eastern District of
North Carolina. to-Wit: In Equity.
Southern Railway Company, complain
ant, V. Franklin Mcneil, Samuel L.
Rogers. Eugene c. Beddingfield, Robt.
ID. Gilnaer and Hayden Clement, de-
~endants. Bill of Complaint"
AS solicitors are marked Claudian
Is. Northrop u w. B. Rodman;
while "of counsel" are Francis Lynde
Stetson, Alex ?. Humphrey, Walker
d. Hines. and Alfred P. Thorn.
The Equity s~ubpoenas in the case
were served yesterday, together with
q copy of the bill of complaint and
the restraining order signed by Judge
Prltchard on May Sth, commanding
the appearance of the defendants
named at the court in Asheville at 10
O'Clock on Wednesday, the 26th day
or june. to show counsel why an in
junction ~peudente lite should not is
sue; while the subpoenas ~~ovide that
answer shall be filed in the court in
Raleigh on the first Monday in June.
The Restraining Order.
The restraining order prohibits the
defendants and each of them from
publishing any tariff or schedule of