The Caucasian. (Clinton, N.C.) 188?-1913, 1890-06-19


be given for all issues of fact.
according Ia the method indica
ted under the fourth question.
ar in any other manner which
the Legislature In its wisdom
might provid..
9th. "ls not trial by jury
guarant. ed by the Constitution
of our State to every Que in the
trial Of every question involv
ing either personal liberty, per
sonal security, or the enjoyment
of private property ?"
| Answer-fke Constitution,
Article ], sec. l3, provides that
mo person shall be convicted of
any crime but by the una1inous
verdict OF jury of good ana
lawful men in open court"
Secti n 10, Article |. provides
that sin all controve sizes at law
respecting property the ancient
mode Of trial by jury i one nf
the best securities of the rights
OF the people and ought tn rc-
main sacred and inviolable." Is
sues OF fact are tried by Jury
az we have before explained aud
issues of law are trisd by the
judge and would be tried under
the Commission bill by the Com
missioners. No one proposes Ia
deny To railroads the right t. 4
jury trial.
7th. who would constitute
this Commission and how elect.
ed ?"
Answer-We are not i'm tho
prophesying business and cannot
possibly tell who will constitute
the Commission. We suggest
that "Franklin" turn a cup, "a
we have seen Ill women do, aud
try to find out by looking in that.
The first set Of commissioners
would probably be appointed by
the Legislature and after that
elected by the people.
Sth. "What would be the cost
Of the commission annually and
who would pay it?"
Answer-We suppose there
would be three commissioners
with salsry of about $4,000
each. This would make SIS, 900,
and perhars Il clerk for about
81 900 and incidental expenses.
4 very efficient commission need
not cost more than 8 700 annu-
ally. The cost would of cour-e
be paid primarily by the State,
but the fines and penalties col
lected from the railroads for vi
oiation of the law, &c, would
go into the State Treasury, and
in our opinion would much more
than defray the cost of the com
mission. 50 that the tax which
the railroads would be compell-
ed to pay would be clear gain
to the State. The gain might
be applied to tho education of
the people SO that the corpora
ton could not befoul aud op-
press them as they have in the
past.
9th. "IIow could the Commits
sion know there was no di4crim-
nation p
Answer-rhe proper form of
the question is: How could the
Commission know there was dis
elimination Those injured by
, the discrimination would make
complaint. The Commission
, could compel 4 system ai pub
lished rates from which every
man could know what he ought
, To be charged and il more was
charged he could recover dam
/ ~ ges with such suitable fines and
J penalties as the Law might i'm
. pose. The same objection might
, be made against having any laws
, for the punishment OF crime
10th. "To whom would the re-
ports be made when charges
were too high, and would the
Commissions say so be final as
10 what were too high ?"
Answer The report would be
: made To the Commission or any
member thereof. Doubtless
: there would be propc' legisla-
. ton fixing freight and passcn-
rates or at least indicating the
principles upon which such rates
: would be fixed, and such "s1y
- would be final and he no
-reater hardship upon the rail
roads than is the "say s. " @tiloa
-'ialt not steal"
"Franklin" now proceeds as
liuws
these questions all seem 10 me
To be absolutely necessary ones
. III passing upon this is!me By
r The people, and | confess suggest
d ndmber Of others equ Ally diff
cult for me to solve, but do
not wish to make NV enquiries
so lengthy that this article may
90 into the waste basket i'm stead
of the paper. l hope the editor
can find both time and space To
q answer these questions fully for
; | am fully satisfied that tn,
! question Of transportation il one
i of vital importance to two
I classes Of every community, w:
, the farmer and The merchant.
> and am also satisfied that there