The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1897-11-30
JUDGE RwART's JURY CHARGE.
Extract From Bis Charge to the Bun
cOmbe County Grand Jury.
Published by request.

The General Assembly OF 1891 en-
acted a statute entitled an "Act to pro,
vide for the general supervision of rail
roads, steamboats, or canal companies
doing business in the State of North
Carolina " This statute was passed in
response to q popular demand that a
tribunal should be created whose duties
should be to pass upon questions arts
ing between great corporations OF this
State, and thos9 complaining of unjust
discrimination, favoritism and misuse
OF corporate powers, that had grown
into an abuse of large corporations,
and has become demoralizlng in its in
huence and detrimental to railroads
both in loss of revenue and in provok
ing public hostility. Section Ash of the
act referred to provides:
THAT it shall be unlawful for any
common carrier e1cjact to the pFov's,
ions of this act to meke or give any
undue or unreasonable preference or
advantage to any particular person,
company, firm, corporation, or locality
or any particular de- cription of traffic
to any undue or unreasonable preju.
dice Or Disadvantage in any respect
whatsoever, and any person, company
or corporation violating the provision
Of this section should be, upon convic-
ton thereof fiued not less than 81, 600,
nor more than IS. 600 for each and
every guch offence"
This section is taken bodily ''ver.
batim ct liberattm" from the act of
Congress entitled The act to regulate
commerce, and which is generally
known as the Inter Commerce Act
The only distinction between the two
sections contained in the separate acts
is that the granting of rebates and the
making Of undue preference on the
part of any common carrier is prohib
tied by the Federal enactment and de.
clared to be unlawful without preserib
ing any penalty, whereas in the act of
1891 a penalty is placed by the statute
upon any common carrier who grants
QUILL AOO0SO0S "a uAAO6 5uOA RA0LOA
ences.
In this act no penalty attaches to the
party who receives such rebates. or is
the beneficiary of such undue. prefer
ences. 1t applies In go far as the pen
atty is concerned to the common car
rier who violates the statute by giving
these unlawful rebates or preferences.
/ have never heard this construction of
the law questioned except by a Bun
combe county magistrate, who actuated
by the purest and noblest motives,
seeks to vindicate the laws of his coun-
try by issuing a number of warrants
against the parties alleged to have
been recipients Of rebates and unjust
discrimination from certain railways
who do business in this county.
Whether or not tbs section of the act
of 81 torbldding rebates and undue
preferences has reference to rebates or
special rates given TO shippers with the
view of discriminating in favor of Ger
tain shippers as against others, favor
ing certain parties by granting such
rebates whilst refused to others, or
whether it was the spirit and purpose
of the act to also embrace within its
scope what is generally termed free
passes YER the railroads Of this State
TO companies or individuals is a ques
ton about which there has been and is
yet much difference of opinion.
By references to the report Of the In
ter State Oommie sion of 1889 it will be
seen that this matter of free transpor
tation was considered-b by the commits
siers in relation to the Inter State Com
merce act.
On the Sd of May the Commission
entered upon an investigation nee
ing free passes and free passenger
transportation. Iq1ote from the said
report received from time to time had
given reason to believe that passes for
Interstate transportation or having
some relation to Inter State business,
were issued to some extent at least by
some If not most of the railroad com
panies The intention of the Commits
sion was to make the investigation
general, covering all the Inter State
lines of the country, but pressure OF
other business compelled the postpone
ment of much o. the investigation to a
later period. AS the investigation has
not been completed only a limited re
port upon the subject can be made az
the present time.
The companies first summoned were
tn SO operating in the Middle and New
England States, 81 in all. These