Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1875-04-02
THE GOVERNOR AND Il HI e
GAUGE.

very indignant aOoub tne chahSo
made in the gauge of the North
Carolina Railroad from Green's
, boro to Charlotte. One OF them
has gone SO far rs to say the
Governor ought to issue proclama-
ton declaring the parties engaged in
making the change to I've "bandlttl,
aad that had Mr.. Brogden been a
proper Governor be would, when he
heard that the change was being made,
have called out the militia auI taken
possession of the road, and If resist
ance had been offered 10y "the army OF
Virginia hilelings," that he would
save Shot them down in their track
Arother contemporary earnestly ap-
peals to the Governor for prompt, de-
cided ard strong action, and declares
ts belief that he Will be ''held re
spousibie for this injury, for this in
suit to our people, if he stands by
with folded hands and looks on with
seeming indifference to this wrong, at
our humiliation.
| Now il may be that the charge Of
! gauge receut:y made on part of the
| Moth Carolina Railroad by tue Rich
mo,d and DanviIle Railroad Company
Ii both tie insult and the injury that
our contemporaries assert it to be. Sup
pose it is, hos is the injury to be re-
| paired and how is the insult to be
! ~ 81
| er to do so as claimed by our cotem
poraries ? We think it is beyond dis
| pute that as Governor OF North Caro-
lima, M. Brogden has no such power.
! Ii the Governor of North Carolina has
any auiho ity TO declare persous by
! proclamation to be ''banditti We do
not know III what part of the Consti
| tuition 1t is to ne found. II the Gov
ernor had any authority to take pos
session of the North Carolina RaIi-
road, aud to shoot down the meu en-
gagged in changing It's gauge, we know
not whence he derived it. II the Gov
ernor of North Carolina has any su-
thority to avenge al lnsuit to the Stat"
or to punish those who may utftr II
other than by due course of law, We
know not Whence the authority is d =
rived
The Governor Of North Carolina pos
sesses no such extraordinary and arbi
:. airy powers, ard we are heartily glad of
l., for the reason that they are entirely
too dangerous to be trusted in the
hands Of any one man, we care not
WHO he may be, nor what his political
! affiliations. The sufferings inflicted
upon tie people of North G.. roiina by
Governor Holden when he exercised
powers like those Governor Progden is
called nrou to exercise are too fresh i'll
our recollection TO permit US to look
with favor upon any proposition that
involves SO wide departure from the
iOld landmarks.
Bat What can Governor Brogden do?
AS we understand the matter the
change in the gauge was made by the
Richmond and DaDville Company af; r
the delivery of an opinion by the Su-
preme Court Ct North Carolina, that
under the laws of North Carolina that
Company bad perfect right to make
the change. The opinion was plain
and explicit Ill affii Mtg the right of
the Richmond aud Danvil!e Compan V
under the lease from the North Caroliu a
Railroad Company to make any change
in the gauge that may be desired. =
How then could Governor Brogdcn
interfere in airy way with the action
OF Colonel Butord aud the wo,kme u
Engaged III making the Change? Las
OF ali how could he ips tify inter ference
with force aud arms? With tIta de
cision Vi the highest Judicial tr,buna!
OF the Stat staring JIM i'll the f.c how
stand with ''fu!ded maids" while tie
''ainy OF Virg mia hirtiingo" was in
sulting the State ? Was he not per
iectIy helpless and for the reason that
the ''Firgiuia hireiirgs' bad the law
OF North Carolina on their side? And
is no5 the Governor of North Carolina
Of all men IL North Carolina the most
! obliged to obey and respect the laws
of north Carolina?
But that, it may be said, was true
only before the passage of the act Of
Ass. 1n5'y making it a penal offence to
change the gauge Of any road, and that
the Governor, by virtue of authority
conferred by that act, is 10 longer
obliged 70 stand with folded hards j"
What authority does that act couf.r
upon Governor Brogd.n If we read
It's provisions correctly it only empow-
ers the Governor of this State to
cause to be instituted immediate pro-
ctedluge for the recovery of such pm
atty aud infiction of such punishment
N case of any violation Of said act =
Are any extraordinary powers confer
red here or is any extraordinary mode
OF exercising ordinary powers pre-
~cribed? We thiuk not. Can the
parties he indicted except in due
course OF Jaw by Grand Jury aud
dnriug Court week? Can the penalties
be collected except by due process of
| Jaw?
Can be hasten or in any way affect
the termina ion of a trial of an action
for the recovery OF any penalty I'M
posed by tl,e re cent act of Assembly il
+ terence the to change Of an exist re
railroad gauge or can he hasten or
! retard the trial of an Indictment for
! such Unlawful change of gauge? Are
! the Courts OF Justice in North Caro-
lima i'll the trial of either civil or Grim
! lnAi c,u~ es subject to the will Of the
/ Executive? God forbid such a thing
say We. When the Executive of North
Carolina can control the Courts of