The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-12-24

the S!eea, ana NOBODY knew what III
fuence was brought to bear on the 81
preme Court TO bring abont this decision.
1.-The very president of the road re
fused to testify as to how thai lease Was
made, and how much he got for it. II
this Section 10 ever comes before an
honest court, it won't be five minutes
before that decision is denounced.
LIKE BILLY SMITH"
"These men want YOU TO slam the
doors of justice in our face. II the laaae
is lawful, if it's right, why Go they try to
impede the course of justice.
Il have large, respectable and nu-
merous class of clients at my back, some
of whom hold high offices in the land. y
Then, raising his hand with a signj-
fcant gesture
These gentlemen ought to come,
throwing wide the doors of the temple
of justice, Unless they do as Bill
Smith did shut the doors, close the
avenues of light, so that the matter caD
never be investigated.
JUDGE BURwELL SPEAKS
Judge Burwell first referred to the
personal attitude of Judge Schenck in
the matter.
He then spoke of the dut es of the
Attorney General in regard to institu-
ting these pro -eedings. IF something
had been done in secret, something OF
which you had just been informed, you
might now bring action. But here be-
fore the whole people of North Carolina
an act is committed mouths ago that
might be under condemnation of the
law. You knew all these facts months
ago If you bring an action now, it will
show that you, his special adviser, stood
by and saw the Chief Executive OF the
State do an act against the laws of
North Carolina, and never raised your
voice in protest.
"ACT OF THE PRESENT EXECUTIVE.
"This lease is the act of the present
executive of North Carolina, and this
administration, AID was done in tie
broad light of day.
1.-The representatives of the Stat We're
directed by Governor Carr to do Ger.
tain thing, to lease the North Carroll q
road to the Southern r lilgay Company.
IF you institute this action you, in
effect, say, as lawyer: j believa Gov
efnor Carr and this adm n stration have
deliberately done that which is contrary
to law
cit had been adindicated by the Su-
preme Court that it had the right to
lease this property"
He then spoke OF tie court that made
the decision, ard the high standard of
Pearson and Reid and Settle
Referring 10 the Argument thai a
ninety min year lease wes, il effect, a
sale: Between you aud me it is a sale,
but what is hundred years III the life
OF a corporation, ia the life of a State r.
1.-The Southern RallHay," he said, is
the alter ego Of the North Carolina rail
road Oae road c0ntrac to perform
every duty incumbent on the other road.
This is its only property to which
the State of North Carolina can point
with pride. 1t has been the petted child
OF the State, aud Of the great men of the
past.
HOW IT AFFECTS THE STOCK.
governor Carr With a boldness thet
did credit TO his discretion and nerve,
resolved that the people along the road
should no longer remain in this period
of uncertainty. Wasn't it wise When
the lease was ratified the stock that honr
was worth $500, 900 And it is only
kept down to where it is because there
are some people who will not let this
Business arrangement alone.
'tThey come and ask that you smut
every share of that stock. When it is
known that the legal adviser of the sta e
has gone back On the Chief Executive
that stock will sink below par.
do you feel called upon to open that
Pandoras Box in North Carolina that
was opened III Virginia?
LAS the chief officer Of justice you
represent the law Of North Carolina Is
it your opinion that the law is null and
VOC?
10 go into court is only to create dis
cord, for no good purpose. And when
you do it you reflect upon the integrity
and honesty of the administration CT
which you are the legal adviser"
MIR J. MANEING's ARGUMET.
Mr. J. S. Manning made "a strong ar
9umGuL against JuugS ccH6hck posi-
tioh taking up the casts cited and show
ing wherein they differed from that IN
der consideration.
He cited several authorities to show
that railroad company might lease for
any length OF time and cited "Logan's
case" to show the position of the North
Carolina railroad, and its responsibility.
cor II ~ rpNrc 's4lEAEq
Col. Fl G Jones first read section 1869,
and said that was passed to meet az op
pressiye and annoying condition that
cid not now exist. RE law was passed
in 800; the thirty year lea declared
valid by the Supreme Court, was made
in 1870 Tbs act does not now apply F."
Referring to Judge Schenk's remark
on the impolicy Of leasing to foreign cor
porations THE old Richmond and Dan
vile railroad was great benefit to the
State of North Carolina It took the
road when we were unable 70 do any
thing with 1t, and made the country
through which it ran flourish and pros
per
s'In the case of the former lease, when