The Caucasian. (Clinton, N.C.) 188?-1913, 1896-01-02
THAT 80 YEAR
R. R. LEASE.
The Battle Of the People Against
Foreign Corporation Manipu-
lation Has Begun.

Anu OossAo Va NO 0Opl0 Against
Foreign Corporation Manipu-
latioD Has Begun.
Is THE LEASE Waldo
Can Tbs North Caroiias kai,rsad. A state
Property Sell Ost Fer % Years. Does
The state Charter 0rass Such Right.
Should The Charter He A.nuiied- These
Are These Qsssaaens 1t Issue.
Active measures are under way for
testing the validity Of the 40 year Rail-
roadLease." Some weeks ago an ap-
plication was made to the Attorney
General requesting him to bring u suit
to prevent the Southern Railway from
taking possession OF the North Caro-
lima railroad under the terms Of the
lease. The Attorney General did not
consent because he did not think he
could assert that the lease was void.
He was then asked to bring suit to an
null the charter of the North Carolina
railroad on the ground that the road
had exceeded its rights in making
a lease for 80 years.
The Attorney-Generalr requested that
the basis on which this application
was made be put before him by argu-
ment.
Accordingly last week Judge ID.
Schenck, representing the applicants
for suit, appeared before the Attorney
General. Judge Spier Whitaker was
also present as counsel for this side.
In opposition to Judge Schenck ap-
peared Judge Armstead Burwell and
Col. II. G. Jones, of Charlotte; Mr.. Jas.
S. Manning, of Durham and Col. Chas.
Price, Of Salisbury; they asking that
the Attorney-General neither bring
the suit nor allow his name to be used
in such proceedings.
Besides the attorneys, seated in the
room were Col. A. b. Andrews, first
vice-president of the Southern Rail-
way; Col. s. b. Alexander, president
of the North Carolina railroad; Col.
r. F. HOke, stakeholder in the North
Carolina railroad and president the
Georgia, Carolina and Northern rail-
road.
The argument of Judge Schenck pre-
| sents his side Of the case and also
shows the tenor of the argument of the
counsel for the railroad. Judge Schenck
said:
"The speech or appeal Of my dis
tinguished friend, Judge Burwell, is
most marvellous in my eyes," He ar
CUES that your failure to bring suit
to annul the charter of the North Caro-
lima railroad since August last is an
admission and silent assertion that the
case was legal and proper and to bring
a suit now would be confess on that
you have been der elicit in duty.
Whether the case is legal is just
what we have come to argue and moth
ing is to be assumed. The Attorney
General has not busted himself about
it, and has generously, though think
without precedent, invited the oppos.
ing counsel to argue it. 1 am here te
do this and to endeavor to lay this
most extraordinary lease or sale before
a court, clothed with the power of pro.
cess, to investigate, and find the au
thors of this lease doing now as Billy
} Smith did-trying to slam the doors O.
stifle all investigation and examlna
, acts to the light, that the people nigh
see for themselves. Secrecy in transac
tiOns is always base of. fraud.
Again, l was the more astounded t.
} hear the distinguished gentleman ap
, peal to the Attorney-General to stan,
/ by his political friends and the Demo
= cratic administration of which he is
part.
! This the first instance in my expert
, ence and as far as know in the his
tory of the State that judicial office
8 is admOnished that it was his duty t.
+ stand by his political friends, instea
! of deciding the case as the law pre-
+ scfibes.
}, 1t is strange and sad day in GU
r history if politics, and not law, is t.
= govern the decisions of judicial Off
Y GERS. Certainly the Democratic part
e could gain nothing by advocating sue
t a course.
e Again; The distinguished couns.
e tells you that
t "The directors were instructed
e the Governor to vote for the leas
l. and they carried out the policy of tn
administration and they ought to b
l. sustained"
r This too is novel. 1 can see notl
= ing in the charter of the North Carr
: lima railroad except the power to al
l. point directors which is conferred Q
d the Governor. No authority is give
& herein to dictate to them how the
r should vote that is question to be Sc
y tied by their own judgment and di
J. erection.
h If the Governor dictated the vote l
;e assumed the role of an autOcrat ar
II usurped powers nowhere conferred {
% him by law or the constitution.
y Again; The Attorney-General W;
y admonished that favorable declsie
IS to the petitioners would "smut Il
he stock" of the North Carolina Railros
es Company and it would tumble {
es the market. This too is quite rece1
s. idea. That the power Of the Attorne
e. General is invoked to "bull" the stO'
u market and decide, not according
OF law, but on that side which WOu
b. astiffen stocks: that, in fa2t, t
whole speech of the distinguish
counsel was to evade the law and a
peal to the politics, or financial vie'
of the Attorney-General. For one
n do not believe that the Attorne
General can be moved by any su
o. unworthy and irrelevant consider
tions as these-that the petitiOne
evoked the law and the law only tn
ask for Justice, not politics; for fl
It. play not the tricks of Wall street.
he they want is an opportunity
tx have this lease laid before the Suprel
nd Court and they would abide loyalty
+ I the result.
Mr.. Burwell had said he gloried
the magnificent trains now going
il lightning speed through the State W
all their magnificent appointments a
conveniences, even though these ira
had "Southern Railway" upon them
Judge Schenck said "God forbid Il
:or he should glory in these things viii
be were such humiliation to the ST.
pride and dignity of her citize
That this foreign Virginia corporat
had dragged down our flag and era
even the name of the State from
Wn great road, which had been bapti!
re amid the wild acclaim of its citiz
- with bonfires and speeches and reje
~ ings.
ln- He added irOnicallV: