The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-12-22

THE SOUTHERN MERGER CASE.
After a trial lasting more than tire
weeks and a delay extending over
period of about six years, the sui
brought by the State of South carolin
against the Southern Railway for
violation OF the State constitutional
provision forbidding the merging o
competing lines OF railroad has beer
determined adversely to the state
Judge Ship, of the Circuit Court, be
fore Which the cause was heard, held
in his charge to the jury that the con-
stitutional prohibition applied only
10 competing or parallel lines substan-
tally ami legally competing, and,
therefore, did not apply in this case;
that competition on business handled
by connections with other lines at
junction points, or on short stretches
or parallel lines, could not be consid-
cred as coming within the prohibitive
clause of the Constitution. The jury
evidently shared with the Court in
this view. and decided against the
state, which, it is said will appeal,
and with the same result, 1T is sincere
~ hoped
We have never thought that there
was any merit in the contention of
the state, and that the worst that
could be charged against the railroad
company was merely technical viola
tion of the letter. but not of the spirit
OF the Constitution, which technicality
the railroad sought to cure by an act
OF the State Legislature drawn In the
strictcst conformity with tho pro-
vision Of tho Constitution under which
the proceedings were brought The
supreme Court should set at rest for
ever the inadequacy of the complaint
in this case. and the sooner the bet
ter. the State having already too long
piddled with it to the injury of both
railroad and public. If the case shall
80 TO the Supreme Court, that tribunal
should make dnigent inquiry into the
true inwardness' OF the prosecution.
what is behind it and what possible
public purpose has been sought or
could have been served by decision
against the so-ealled merger.
It is a most fortunate thing for the
people of South Carolina, and particu-
iarly for the people of Charleston, the
chief city of the State. that the trial
has resulted in the defeat of the state
The condition OF that town would
be worse than it was before the pur-
chase of the South Carolina and Geor
sia Railroad ana its undeveloped con
nections, when its principal feeder ran
only to Columbia TO the north and to
Augusta to the west. without connec-
tions with any other places in the
world, and in active competition with
al other markets served by systems
of roads in no sense tributary 10
Charleston. That was condition which
was not fortunate for that town, and
having .oncs ,besn put back on the
map as the saying goes, having been
made one of the great ports of a great
system It would have been terrible
blow to its commercial opportunities
had The jury and the Court In this
ease decided that It should resume its
former isolation. Ne have never be-
lieved thai the proceedings in this case
were instituted in good faith, or.
rather, we have thought that the
voiding Of the so-calIed merger would
result only in great injury TO the pub
lie. II is The letter of the law that
killeth il is the spirit that glyeth
life.
One of the direct results of the pro-
ceedings In this case has been a delay
of six years In the plans Of the owners
OF the railroad property involved in
this suit for the development Of It's.
highest efficiency. and now that the
litigation has been happily ended, FOR
. We cannot imagine that the Supreme
Court win do more in any event than
confirm the decision OF the lower court.
It is expected that the Southern sys-
TEN will so forward with the develop
ment of its property ana the upbuild
Ing of the region and communities
which it should serve more effectively,
and which it has shown the best dis
position to promote,