The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-08-22

| which upholds him, and all experience
| teaches us that partisan judge cans
| not be safely trusted to settle the
great principles of a political consti-
| tuition, while he reads and studies
| the book of its laws under the BAN
ners of a party"
There are great many people who
| are dissatisfied with the recent lease
| of the n. c. Railroad TO the Southern
Railway Company, and they are de-
termined to break it up II Po8slple,
| This lease gives to the lessor an amman
rent equal to 8 per cent OF It's capll a.
| stock The matter of this lease will
almost certainly get before our Su-
preme Court upon some question IN
volvinn it's life. Before 1T can get
before him. before any evidence has
been introduced or argument heard,
Justice Clark steps into the polltIcaI
arena. and advises that the Legislature,
for according to him, our railroad
commission cannot be trusted to SO
regulate the passenger fares
ana freight charges as to
make it impossible for the
Lessee to realize from the n. Z.
Railroad more than before on its capl-
tal stock: ut can get therefore not
more than enough to pay the suit and
viii IF course. thus be forced to
give m the lease After having done
this can it be supposed that he rs Mt
to hear and decide the matter?
No man should denounce others for
that of which he himself has been
guilty and therefore as Judge Clark,'
while a Superior Court Judge, rode on
free passes, he might not be SO severe
on members of the legislature. lie
himself has no use for pass now
because he has no travelling to do,
and he secures from the State TWO
hundred and fifty dollars per annum'
''in lieu of and in compensation Tor
travelling expenses.
What is the purpose of this constant
strutting before the public? Is JUS
tice Clark's mind so great and restless
that his duties as Supreme Court Jus
tice. ihis editing the Colonial hecoFds,
his translation from the french anu
publication of the life OF Napoleon
cannot entertain and satisfy his BUSY
brain? Will such gross and giarlng
mpromieties in Judge secure ms
election to the United States senate
The two great rivals IN uhe Southeih
railroad world are the Seaboaru All
line and the Southern Railway. Each
tbe other The public is interested III
tbe life of both of them so that there
NAV be competition for transporta-
tion. The absorption Of one OF these
systems by the other would place the
necks of our people under the IRON
heel of the surviving system IL Woulu
dictate tire nomination and election
IF our officials our members OF the
legislature and Railroad COMMISSION.
and soon our able, honest and pafflo.lc
men could bs found only a, Their quiet
kosnes The greatest evil which can
befaill a people IS the destruction OF
competition and 1t is therefore 20 theif
interest to foster and encourage that
connatition which is the life OF trade
and the prosperity Of the people The
Deople should be glad to find that the
Two great railroad rivals are at war
With each other and delighted to know
thatunlike some other railroad compa~
MES. they had not pooled their freights
and formed co-partnershlp or Alliance
against the shipping and travelling
world. A cut-rate war weakens the
railroad corpora tons engaged there
in and strengthens the public unless
carried to such extremity as to destroy
one or more of them, benefits the pub
lie by a decrease of transportation
charges and increase of accommoda-
tions and therefore should not be dis
couraged by the public. Cut-rates,
such as have been advertised by these
two rival railroad corporations, are
evidently not intended TO be perma-
nent. and If persisted in would des-
troy the one or the other and perhaps
both: then would come the appoint
ment of receivers, re-organizattons,
and in all probability the ownership
and control Of both by one grand cor
noration-from which, as one of the
neopIe having no interest in or connec-
tion with corporations, | pray that
cod may deliver us. Bus Justice
Clark. who may in the near future be
called upon to hear and determine this
question. puts these and other corpora
fions on guard against eut-rates and
gives notice that such cut rates hay-
ing been made by them they are es-
topped to say they are not hlgh
enough. AS stated by Justice Clark,
IL seems to be settled that legislatures
have the power to fix the maximum
freight and transportation charges OF
railroad companies, and the extent
of judicial interference is protection
against unreasonable rates. What are
unreasonable rates depends upon tAe
opinion of the court based upon the
facts as found by a jury; yet Justice
Clark throwing to the winds all posi-
BILE verdists OF the jury as to the facts
in the case, the capital invested, a
mount of receipts, amount of dis
bursements, &C., and without waiting
for. any aro1lment. Dreiudges the whole
matter and declares that these two
railroad companies, having in their
cut-rate war themselves fixed certain
rates, are estopped from saying that
such rates would be unreasonable.
Is he so wise and full of legal love
that he already knows it all and needs
no evidence or legal argument to en-
tighten him?
In conclusion I beg to say that this
criticism is not directed to Walter