The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1895-12-17
JUDGE SCaRNCK ON THE RAIL
ROAD LEASE.
The Rights of Foreign Corporations Dis
cussed-What they Are Subject to
by Law and What They Ought
to be Compelled to Decor

~$S
by Law and What They Ought
TO be Compelled to Decor
porate Methods
The law is stronger than the corporations. and
the people make the law.
'EThe pen is mightier than the sword"
Mr. EDTTOR:-My communication to
your paper last week, signed LEX"
seems to have stirred up the Southern
Railroad Company and it's friends who,
supposing it needed help, have offered
assistance by way of personal abuse of
me instead of replying to my argu-
ments OF correcting my statements of
the law in regard TO foreign corpora
tions, if indeed I made any mistake.
When these newspapers attempt to do
either they will, in my opinion, have
a Herculean task to perform. I have
been a student Of corporation law for
fourteen years and AN vain enough to
think that I know something about
it. The Southern Railway. or the
Richmond and DanvilIe Railroad Com
pany, for they are really the same in
substance, offered me the position of
General Counsel for North Carolina in
1881, and / refused it twice; but owing
to the fair promise made and reiterated
to me by Col. Andrews I at last reluc-
family consented to be retained IN EN-
plovment and served it for fourteen
q when their State counsel, as a
general rule, wera discharged in two
to five years. 1t required me to go
day and night until my health failed,
and twice the surgeons knife was the
only alternative to we my life. AS
soon as I became disabled, instead Of
remunerating me for my hard services
or exercising any feeling of humanity
or charity towards me in my helpless
condition, this souiless corporation, at
the instance of it's ce-President, coolly
turned me out to perish, as it thought,
but was careful enough to say that no
charges were made against me. L.
thought I was about dead and treated
me as it would a dead horse or a dead
dog-threw me aside by abolishing the
Office I held. But blessed be God, my
health has almost been restored and
the people are coming in TO employ me
professionally every day. This dis
envious corporation and it is now try
ing, through its agents, to destroy nay
private practice by charging that / am
taking cases against the Southern r Ill
-o- &Ow Mi Thowo 80 MT q ohoNOw
OF truth in it. 1t then said that / was
a disappointed candidate fer Director
of the N. Q. r. r. Co. This, too, is
wholly untrue. This corporation seek
to divert public attention from it's gross
oppression of the people of the State
by making a personal issue with me.
This is a confession of it's weakness
and an exhibition of its deep seated
malignity towards me. I appeal to
the people to give me fair play while
Iexpose the wrongs of this corporation
to public view. I am determined to
say all that I intended to say, though
I should be assassinatedfo for doing it, and
I intend to take all the cases I can get
against this r abroad and shall be CRATE
full to anyone who employ NE. / know
its weak points and all it's modes Of de
fence, and am notafraid to cross swords
with it in the temples of justice where
| will have a fair chance with law and
equity on my side.
RIGHT TO PREVENT REMOVAL OF CASES.
In my last article I showed by refer
e~ence to cit-d cases in the r ports of
the Supreme Court of the United States
that
FOREIGN CORPORAL Ns
had no right to operate a railroad in
North Carolina; that it was only a
privilege extended to them through the
courtesy of the State and that the leg
islature of the State had the power to
withdraw that privilege whenever it
pleased to do so, or it might attach any
conditions it pleased to the exercise of
this privilege.
That the legislature had the power
to pass q law that no foreign corpora
ton either railroad, insurance or other
kind, should exercise any of its func
tions or do any business in the State,
as operating railroads, without first
taking out a license, and that the Sec
rotary Of State should revoke that
license at any time upon information
lodged with him that such foreign cor
poration had removed or was endeav
oring to remove any of it's cases from
the State to the Federal courts.
Boyle va. Insurance Company, "a
II. q Reports. page 535 settles tbi,