The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-10-03
HAVE BEEN GIVING FREE
PASSES ON THEIR LINES
THE INDICTMENTS WILL BE
DRAWN UP BY SOLICITOR
POU NEXT JANUARY.
OR. KIRBY SMITH PRESENTED
FOR A HEIN0US CRIME

Trouble About the Whlskey that mas been
Carried and Drank Within the PEN
itentiay Enclosure.
"If you found your"judge
coming to his court on a free
pass it would be your duty to
present the man who gave it
to him. 1t would be the duty
of the Legislature to impeach
the judge. If the railroads
can afford to give me a free
pass, they can afford to sell
other people their tickets
cheaper. The railroads might
just as we'll transport the jury
here to sit in judgment on
their cases. I"
From Judge Robinson's charge to the
Wake county grand jury Monday.
This is the first time In the history of
North Carolina that judge has dared
give such charge, and mighty SEN
sation it created.
But the grand jury took him at his
word and have, understand, sent in a
uresentment against certain railroads in
the State, charging them with having
violated the laws of North Carolina by
giving free passes. ~ 81.
This also IT, the first time such a pre-
sentiment has ever been made, though
the law making free passes unlawful
was enacted nearly seven years ago and
has been constantly and openly violated
ever since.
Now this law will be tested. The Of
ncers Of two Of the principal railroads Of
the State-the Seaboard and the South
ern-have been presented, and at the next
term of court january bills Of indict-
ment will be drawn against them by
Solicitor Pou.
The names of many of the most prom
inent men Of the State, Of all political
parties, are said to be on these pre-
sentiments. Among them~is the name of
Gov. Russell.
In short all the men known to have
ridden on free pass since the enact
rnent of this law will be called upon to
tell where and how they got them.
OF course when the case comes up 1t
win be great legal battle. The rail-
roads will not willingly give up the free
pass business-and win therefore employ
able counsel to represent them in the
fight. The case for the State will be
managed by Solicitor Pou, Of course,
though he will probably have other able
counsel to help him.
The Railroad Commission act clearly
and undeniably makes the giving of
free passes unlawful, and provides pen
atty. Section of that act prevents
any discrimination "for equal service
and any violation Of the section is made
sap offence" punishable upon convic.
tion' with fine Of mot less than une
thousand nor more than FIVE thousa I'd
dollars for each and every offence" In
short the act makes any railroad indict-
Section 25 Of the same act permits COM
mutation and mileage tickets, charity,
ETC., but permits free passes only to en-
ployes and officers Of the roads and
by exchange with connecting roads.
There is proviso to this section which
permits Railway Commissioners to sus-
pend the exceptions in that section Ii.
e. issuing mileage books, Communication
books, etc., but does not allow them
to suspend the general prohibition in
section 4.
Section Of the Railway Commission
law is an exact copy of section 2 of the
Interstate Commerce Commission act
except that the latter act does not make
it an Offence" punishable ''upon con-
viction" with fine, and for that reason,
It has been decided that the Interstate
Commission could only declare the Civ
ing of free passes to other persons than
railway employees unlawful. but could
not enforce the law. for the reason that
the act failed to make violation of the
law an offence or provide penalty.