The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1881-08-11
Are our State z aii'oads Subject
to Legislative Control?


There is no subjec' Of more lmpor
tance to The people OF North Carolina
than that one which can be fully stated
by the single word Transportation,
and, consequently, know you readers
will not object to readlug FROM any per
that is capable to either handle it intel
ligently or c"u1ely suggest points which
# discussed fully, will cause some infor
ma,Iba 10 b. lupartei - them, tha'
:an u tail TO open their eyes to facts
the should know bc.ore they can pro
pef.y appreciate the good or evil which
- alton may cause to flow from this
threatening SOWcc-. Z y
4 Ihe question { s cae Stiivision Of
this transportation > Judge which most
/ ly interests our o...Yrj fsople (large
| tcckholders, and officers ri Railroads aud
their attorneys accepJedl Is, Has the
/ legl ,iature # North Carolina the right to
make IA law that will operate uniformly
aud compel the railroads IN the State u
obey the commissioners appointed to
exc ate 1t?
The whole question really turns on
| the point, Has the Legislature this
tighJ?' [ am inclined to believe, (in
fact am quite convinced that this right
is clear and that if such law was pass
! ed the Supreme Court would hold it to
De constitutional.
My reasons for SO believing may be
crude and excite meriment among some
of the legal railroad men U mean attor-
neys) but whether they laugh or cry
shall give them TO your readers. 1t is
proper tor me to state, before giving
my reasons, that | do not believe the
| decision in the celebrated ''Dartmonth
College Case" is good law, and that
am confident if the point therein decided
Is ever brought before the Supreme
Court of the United States again and
that Court Is composed of patriots or
pure men, 1t will reverse this dangerous
decision Of long ago
Now for my reasons for believing the
the legislature has unaoubted control
over every railroad charter In North
Carolina. If | have read correctly it
has been laid down as law by the most
learned writer's on International law
| that when one conquers and destroys
autonomy of another country the
latter country Is relieved of all
contracts Of every kind aud character,
except such as it may bave entered
into with the conquerors. If this be
good law the State of North Carolina
when destroyed in 1868 was re
llevcd Of all contracts it had made
previously; for its autonomy was
oDllterated completely and on its site
a new State with q similar name was
erected. Among The contracts des-
rn n nj oil ial ht,+ a1a.,
its granted corporate p0tcerS went down
with the wreck and thus we see how
and by what tight we can claim that
every corporation in tie State operated
its franchises by suffrage during the
interview between the death Of the Old
aod the creation Of the New State, and
IS soon as the New State was estab-
llshed all such corporations that con-
tinued TO act under it became part of
il and subject each alike to its control.
Ia other words cOrDorations which used
their charters from 1865 10 the adoption
Of the constitution of 1868 without
protest agreed and consented 20 all the
power and force of that constitution
and thus made themselves party to it
and brought themselves within the
bonds Of its authority.
[ could extend this communication
to such proportions thai it would occu-
py several columns Of your paper, for
mis- subject is filled with matter; but
will forbear and close by saying |
hope some one, more learned, but
equally desirous Of throwing light on
this subject, Will come to my relief
and aid in fuding out the truth for
those who long to know it, that they
may know how to act for he best in
reres.s of their State and posterity.
G.. l.. G.