The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-08-21
NO SUNDAY EXPRESS
What May Result If the Courts
Construe Literally.
DEAvER BRINGS THE SUIT
Asheville Magistrate Arraigns
the Southern Railway Co.

If Sunday Express is Prohibited Not
Even Dead Bodies May Be Trans
ported on that Day---The Southern
Railway Will Take No Chances, and
Will Hold Up Express Until the
Courts Decide.
Is it legal for trains to carry express
on Sunday?
This question has been brought to
the front by an Asheville man, who
will test it in the courts.
From the time Sunday trains were
put on North Carolina railroads to the
present day they have carried express
and have heard no murmur or COM
planning. They have never been inter
ferred with in any way. And the Sun
day express has become, with the Sun
day mails one of the necessities of our
daily life.
But Mr. W. III. Deaver, an Asheville
magistrate, has been hunting back in
the musty tones of the law and he
finds a section of the Code that he
CONSTITUTES as preventing the hauling of
express on Sunday in this State.
Section 1878 of the Code provides
MAT 'No railroad company shall per-
NIT the loading or unloading of any
freight car on Sunday; nor shall per-
NIT any car, train of cars, or locomo-
tive, to be run on Sunday or any rail
road, except such as may be run for
the purpose of transporting the United
States mails, either with or without
passengers, and except such as shall
be ran for passengers exclusively:
Provided, that the word Sunday in
this section shall be construed to en-
brace only that portion of the day he
tween sunrise and sunset; and that
trains in transitu, having started or
Saturday, may, in order to reach the
terminus or shops, run until nine
o'clock a. M. on Sunday, but not later,
nor for any other purpose than to
reach the terminus or shops And
any such railroad company violating
this section shall be guilty of a mis-
demeanor in each county in which
such car, train of cars or locomotive
shall be run, or in which any such
freight car shall be loaded, or unload
ed; and upon conviction shall be fined
not less than $500 for each offense; the
fine when collected to be paid to the
State Treasurer for the use of the pub
lie schools"
In Chapter %, Laws of 1885, this sec
ton of the Code is amend
ed by the insertion after
the word exclusively" the words,
and except such as shall be run for
the purpose of transporting fruits,
vegetables; live stock and perishable
freights exclusively
Now the Southern Express CO.,
which is about the only express COM
pany doing business in North Carolina,
has contracts with all the leading
railroads to haul its freight, and all
kinds of merchandise have been trans
ported on Sunday just as on any other
day of the week. This has been a
great convenience to the general pub
tic, and no one has heretofore thought
OF trying to prevent the company from
hauling its merchandise on Sunday.
But the question has been raised
by Mr.. Beaver, and until it is settled
at least one railroad-and that the
largest system in the State-will haul
no Sunday express.
Mr.. Beaver has begun an action a.
gainst the Southern Railway Co. I'M
der the section of the Code above
quoted, charging them with violation
OF the law by hauling the freights OF
The Southern Express Co, on Sunday
The penalty, as will be seen, is pro-
$500 fine for each train in
each county through which the road
runs.
win this stop the hauling Of ex-
press on Sunday" | asked a promin-
ant Southern Railway official last
night.
The Southern cannot afford to haul
any more express on Sunday until the
matter is decided by the courts" he
said; we intend to obey the law and
t the law is construed to prohibit Sun
lay express then we will haul no more
express on Sunday. We do not think |
.fle Legislature when it passed the |
aw meant TO prohibit the hauling of |
express on Sunday, but the law may |
possibly be SO construed, and the pen |
llty is too great for us to take any |
1sks in the mater
Through express will have 10 be |
stopped at the State border and will be |
ielayed twelve to twenty-four hours. |
No packages at all, except a few per
shable articles, can be carried in this
state on Sunday. 1t is thought that,
I the Act is construed to prohibit the
'arrylng of express ON Sunday, a dead |
)ody cannot be shipped on that day.
10 emergency business can be done.
lnless the goods themselves are perish
yble.
Mr., T. NJ. Leary, of Chattanooga.
General uperlntendent of the South
IN Express Co.; Mr.. O. NJ. Sadler. of
'harlotte, district superintendent. and
DR.. W. BuclSner, of Weldon, district
uperintendent, are here to consult
With Col. Andrews regarding the mat
err.
They would not talk for publication
asst night, saying simply that the ex-
'ress company was not a party to the
beaver suit, and had not decided on
ny definite course of action in the
remises.
IN THE COUNTRY AT LARGE