The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1913-05-27
ON THE FIGHTING LINE
FOR JUST FREIGHT RATES
John Graham Urges Suits Be Instituted to AnnuI Leases
of N c. and A. and N. c. Railroads and to Compel
Operation of c. F. and Y. V. as Independent and Con
6nuOus Road.
By JOHN

Ry JOHN GRAHAMD
The effort That Governor Craig a
others are making to secure for North
just railroad rates deserves
the cooperation OF every rue North
C~aToffntAn-
I am Of b opinion that the lease
OF the North Carolina Railroad to the
Southern Railway Company for nine !
LYNNE years Is Invalid. The auuks-
ton has never been paA9ed upon by
our eouFt1. The first lzse "a for
thirty yeAS and notwithstanding the
fact that h DUxtv uayersed by the
read At the time OF the lease was
sDareely settled n poor ia cOulrAri-
son with IT'S condition when the secDad
lease was made the rental was six
per cent on the stock
Judge BynUfn ofSDEnted from the
opinions Of Judges Pearson and ReAAe
II to b legality at the first lease. 1t
has e claimed t1At pe~kfkieal ambi-
ton Influenced h opinion at the ma
/ tortty Of the court.
| The Farmers Alliance made every
effort to prevent the ninefy-nine yeArH
lease. Its Representatives went to
Raleigh to secure an injunction
against the lease Hon. Richard Bat
tie WAS approached and asked If he
could be retained in suit against the
Southern Railway. He answered IN
the affirmative, but when the nature
of the case was explained he said cur
communication would. be held as con-
h0ent1al, but that be WIS counsel for
the private stockholders of the ~. c.
r.. r.. and that he did not know h
their wishes might be. He o the Al
lance representatives hat they need
not be in any hurry about securing IN
injunction as the Heetux would AOt
dare to lease the read without q meet
ing OF h private stockholders, and
that he had advised them against at
tending any meeting in order to
thwart the efforts of Gov Carr to put
the road ON the tax list hr. Battle
was mistaken. The midnight keAse
was made.
The next step aiken by the Alliance
was to cur some Eockholders
stock and bring suit on It to test the
validity of the lease. A share OF
stock was obtained from Hon. w. III
WORTH. counsel employed and directed
to bring suit at once. For some IN
known cause the suit was not insti-
tuted and in the meantime Col. Bene-
ham Cameron voted Mr.. Worth
sto k in approval Of the ease. the
stock having pee, placed IN his hands
to vote against any effort to put the
railroad on the TAX list.
Judge David Schenek was employed
as additional counsel. and he applied
to Acknowledgement Osborne to bring
suit III the name OF the State. Mr. os-
borne consented. While Judge
Schenck was negotiating with Ar. Os,
borne, David Schenck. Jr. and th<
representative OF the Alliance secure
a share Of stock with ~irrcvecabie DOW
er ct attorney from Mr.. Peter Cobt
and his wife Margaret. Judge Schenci
made a great speech before Attorney
General Osborne and notwithstanding
Ia $1,000
: the OF the southern s grs3
lawyers Mr.. Osborne granted Judgs
iSchenck permission to apply to h su
. preme court fer permission to brine
aait. The supreme court gave pern1fS
; sion to bring suit to "Vacate the Char
ter Of the N. C. Railroad 81 such O2t1ez
: relief rs the court would see n =
IErant." Judge Schenck never intend
: | ed to attempt to annul the charter q
the N. c.. R R. but the p~hraseO4Og,
: was used to prevent the renOvA o
the case to the Federal courts. Whel
J the attorney-general fixed up the pa
: pers he gave permission to the repre-
+" sentative OF the Alliance TO BRING SUI
to vaeate the charter II the N. &. r
n. Every effort was made to induc'
: the attorney-geDeral to allow sEt 4
be brought in accordance with tn
permission granted by h supreln
. lcourt He refused and said that II an.
. attempt was made to bring suit other
" ise than to yacate the charter tina
. he would have the suit dismissed. Z
the Alliance did not wish to anr,ul tn
charter OF the railroad, but to test tn
LEGALITY Of the lease the suit was aoan
0oned.
One remaining hope was in the sli
Instituted in Guilford oun il tn
~Uarrt Of Mrs. Margaret Cobb. W.T.
OUT rotice to Judge Schenck or 70 N,
y David Schenck q "~retraxit' was enter
! ed by the Cof,bs. This ended the ef
y forts OF the Alliance to test the valid
:, ify OF the lease
q The next steps taken were by GOV
e rrnor russell. He made the miHtak
z Of e1apl ,ying the leading lawyers 9
: the Seaboard Railroad. and the con
L lest before the Legislature hal tie ~
:, pearance al a fight between Tie ~
X ef.: vt railroad systems ef n SAL
e v - the Atlantic Coast LINE Is an all
e of the Southern. The South":.n :sai
t. way Instituted a suit against the dIret
20 tiers Of the y. &. X. r. to restrain tIfes
1. from interfering with its rights Il II
n uncertain as to the wording Il uie ~
n toni