The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1889-09-10

| the HiekGfordt and GaSton Drancn %
get their trains into North, Carolina.
So much for the history as related
in the charter.
But history. of the Greenville &
Roanoke railroad is, that for nearly a
quarter of a century it has been
abandoned. The object of the rail
road was to give the railroad a direct
line to Petersburg from the Raleigh&
CASTOR Railroad and the object of the
State in giving the charter was y
benefit her citizens, to give them facil-
tiles for shipping, etc.
Now it is clear to the most obtuse
that when the State of North Carolina
granted the original charter or when
the roads in question were consoli-
dated, the State could not have known
that one of the roads would be aban-
doned and to the great loss and detri-
ment of her citizens, both in time
and money, for the act-the fact-oc.
Cured years afterwards.
When the joint company aban.
doned one of its roads, when it re
fused to run trains and to carry
freight and passengers, it violated the
charter, so far as it could-it annulled
it. The contract made between the
railroad company and the State of
North Carolina was broken by the
railroad company and in doing SO it
| deprived itself of the advantages of
the charter of the road. abandoned.
Farmers are not s~upposed'to know
much law; but I would venture to
quote from Pierce on railroads. He
says: "NonEuser orssmisuser of its
franchise by a corporation or its
breach of the conditions on which its
duration is, by the law of creation
made to depend, IS a 4cdhse of for
feftureIu Jor4 sd ~ eg3t j
Redfeld on railroad says: HBy
virtue of their compulsory powers. in
taking lands (the railroad company
can acquire no absolute fee simple,
but only the right to use the lands for
their purpose. It is even question,
able whether they r entitled to the
heritage growing thereon"
1 would further cite 3 Wood, 1711:
at is a general principle that where
there has been a misuser or q non
user in regard to matters which are
of the essence of the contract between
corporations and the State, the acts
or omissions complained of have been
repeated and wilful, they constitute
just ground for forfeiture. But the
charter of business corporation imply
and require that they shall perform
the business for which they were in
stituted, and a substantial suspension
Of business after ITS commencement like
an entire omission to commence, is a
violation of the charter
submit in all good faith that %
years of failure to run a train over
the line of railroad is a substantial
suspension.
| repeat, the supreme 1ssuei in North
Carolina isl shall railroads rule, us or
shall we control them +
They claim that a charter is a Mede
and Persian law-if they have the ad.
vantage of the people; but an india
rubber device if its provisions fail to
suit them.
Briefly stated the question is: Can
one generation barter away the rights
of another? Can a Legislature enact
laws that will be more enduring than
the law under which the Legislature
acted more permanent than the con.
stitution itself?
We can change the supreme law of
the land, but not q railroad charter.
That is their position. We may
ignore or annu1 State rights, we may
destroy millions-o of dollars worth of
property, Dr. take it from the owner
even when owned by and and Under
the Constitution, yet the dear railroad
companies cannot be compelled to
floose one iota.
Brethren, you are the jury. The
facts are before you. Il give YOU the
charge of Chief Justice Miller in the
case of n. j. VS.. Yard-95s /. s. lO4.
"The right to amend or repeal Leg
islstiye grants to- corporations, being
itself but the expression of the will of
the Legislature for one particular
session or term, cannot bind any sue.
ceeding legislature.
To an Old Fogy that sounds like
good, sensible law. But al, citizens as
well as jurors you are sworn
to obey the constitution of your States
Hearken unto it, and well and truly
try the case now submitted.
"That all government of right
originates from the people, and is
founded on their eOtU only and is insti-
tuted for the geod-not of railroad
companies-but for the good of the
whole. That all political power is
vested in and derived from the
people,"
Your Constitution clearly lays
down the broad principle that the wtU