The Caucasian., 1895-11-21
THAT SO YEAR
R. R. LEASE.
A Strong Article Showing Tha,
The Deal Is Neither Regular
Nor Constitutional.
THE SOUTHERN'S SCHEME.
II Has No Rights Bat Comfy" In Th,.
stAte-It L. Charter cd In N.rginia-rbe
Idle and Absurd Threats II M.kss-If %
Get. .'sAs.y'' The People Can kick q,
Out of The state.

Idle and Absurd Threats IL M.kes-If 90
Get. sassy The People Can Mich IL
Out of Tn. state.
Mr.. EDITOR: The people of North
Carolina are still interested in the
question of the lease of the North
Carolina Railroad, aud, no doubt. II
II could be set aside, they would re
loice.
According 10 the contents of the
lease, as published in the News and
Observer, il does not go into effect
| until after December 3lst, 1855, and
| there Is. therefore, time yet To insii-
tute legal proceedings and obtain an
| injunction against the consumma-
ton of the contract.
There is view of the matter.
which ! have not seen presented yet,
which, in my opinion, can be made
effectual TO stop II or TO compel its
revocation even if made.
The Southern Railway Company
| Hereinafter called the Sonthern) is
a FOREIGN CORPORATION. being
chartered by the State of Virginia.
Tie State of Virginia cannot. of
course, exercise extra territorial ju-
risdiction. 1t can confer no right to
be enjoyed outside of Virginia
The Southern has no more RIGHT in
North Carolina than If it was char
tered in England or France. The
power it is now exercising is by rea-
son of comfy" or that courtesy
which one State extends to another,
allowing its corporations to carry on
business as long as it does not injure
the State or cOntravene its public
policy or attempt to exercise sover-
elgn powers inconsistent with the
dignity of the State. A foreign cor
poration may buy and sell and do
ordinary business, but it cannot con.
denim land for the use of railway
The Southern, therefore, has no
right to exercise the right of emf
nent domain North Carolina by vir-
tue of any authority granted In Its
Virginia charter and our general
statistics confine this exercise to cor
pOrations chartered in North Caro-
lima.
The Southern only took out a
charter in one State-Virglnia-so
that it could move its cases, as for
eign corporation, to the Federal
courts-a purpose which can be de-
feated, If necessary, even now. Its
: second object was to avoid that pro-
vision of our State Constitution
which confers on the legislature OF
North Carolina the right ito repeal
alter or amend" any charter granted
in North Carolina. Another purpose
: was to evade making the annual re-
ports required of all State railroad.
, oy section 1859 Of the Code. In
other words. this company fancieG
it could live and do br ;iness il
North Carolina independent of it:
local laws and Independent of the
State courts. 1t dreaded the las
Legislature for tear that the people
might discover its purposes and at
tempt, by appropriate legislation, t.
avoid having giant corporation il
the State more powerful than th'
State itself. The Southern was OF
the qui cioe all the time last winte
! for any such legislation, for the pur
e pose of defeating it.
: The public will rememb Der how tn,
] "Fellow-Servant" bill was lost sew
eral times in the last legislature an,
] it is easy to locate the influence
which caused it to be lost.
The question which now great,
j interests the people of the State i
how to avoid the purposes and oh
jects of the Southern and to dis
cover, if possible, a means whereof,
$ this lease can be lawfully annulle'
E or placed under such restrictions a
: will cause the Southern to abandon
g it.
In my opinion, the legislature O
North Carolina has full power 4
protect the State and carry out III
: will of the people in regard to thi
lease whatever that will may be. l
members of the Legislature can b
:, induced, in the canvass next sum
mer, to commit themselves to legis
lation to protect the State from tn
I encroachments of these immense
= gigantic, wealthy corporations, the
L can be furnished with the necessar
e bills to be passed and the legal al
u thorities to support them.
" AS to the removal of cases:
= The Legislature has the power I
is enact that every foreign railroa
e corporation should take out q licens
q in the State before it exercises an
II power whatever under its charter
IS it now does as to insurance comps
e nies, and it has the right to 60 a ste
W further and enact that if any fo
ia eign railroad corporation shall a
u tempt to remove any of its cases
10 the United States courts, the licenl
SIS granted to it shall be immediate
g revoked by the Secretary of State
10 soon as the records showing the q
y, tempt to remove shall be laid befo
es him.
r. Doyle vs.. Insurance Company,
IS. U. S. Reports, page 535.
ar A copy of the statute passed
We the State Of Wisconsin is set out
e. this case and will afford q precede
On to guide our legislature.
al This principle of placing stringe
lr. restrictions and conditions on fC
Is eign corporations, being once full
p, established in our jurisprudence,
re will be easy to draft a statute
ca effect any purpose which the leg
no lsture may have in view as to t
rs corporation and lease.
The courts have said that no fl
eign State has the right to "spa,
corporations" on another State
,o the purpose of evading the laws
,as the other State. New Jersey,
tv instance, has statutes under viii
d. corporations can be formed for q
nat purpose and with no restrictions
to their charters for the protection
we the public from their depredat,o
nei AS the corporation is to operate
'ha ha some other State they take no int