The Caucasian. (Clinton, N.C.) 188?-1913, 1897-02-04
rHELEAsE AND THE LAW

One of the matters that will be OF
great interest in the legislature Is the
flight" which will be made on the "99
year railroad lease" People who are
familiar with the incidents of the past
twenty five years willremember that
great fight was made against the first
lease of the n. c. railroad, but the
railroad cliques and rings proved
strong enough to carry their point The
matter was contested in the courts.
and the margin" by which the deal
was confirmed was SO small, that an
impression has always existed that
another hearing before the court might
result in an adverse decision.
The first deal was made by an open
fight, or least bya procedure which
could hardly be called a"secret deal;"
but the last arrangement was made
suddenly and secretly-nO notice be-
ing given of the purp, $50, and no time
| being given for a general expression
of opinion. The railroad rings were
undoubtedly afraid 10 risk the result
| 20 an oEen discussion. They remem-
ber d the opposition that was had to
. thirty GEAR lease: and they hoped It
| avoid such terrific fight "a they
| knew would be made against nia,iy-
aine year TEASE, which virtually amc unts
to sale.
Some rites are trying to create
the impression that this 80 year deal lie
irrevocable; that it has been properly
made and must stand. 1t depends al
together upon the action of the legis.
lature as to whether the sale" is IRE.
vocable or not. Gov. Russell declared
in his inaugural address that if this
deal was not interfered with, it would
be the fault of the legislature. The
Governor is properly credited with ar
extensive acquaintance with law, and
there are those whose legal knowl
edge is much more limited than thu
Governor S, and perhaps some whose
knowledge is equal or even superior
to his, who are willing to sustain hin
in his opinion. In fact the nouice Cal
find authority from no less a tribuna
than the United States Supreme COur
to sustain the Governor.
i An extract from judgment of tn
Supreme Court may be instructive t.
those who are interested in the comm,
fight:
"a corporation created by Indiana ca
transact business in Ohio only with the ccr
sent, express or implied. of the latter State
This consent may by accompanied by sue
conditions as Ohio may think fit to I'm
pose; aod these conditions must be deeme
this court, provided they are not repugnan
. to the constitution or laws of the L. g., Q
inconsistent with those rules of public la,
which secure the jurisdiction and authorit
] of each State from encroachment by q
others, or that principle of natural justie
which forbids condemnation without oppol
tunitY for defence
The judgement and principle an
, nounced above apply to the Souther
railroad in connection with it's opel
:. ations in this State. This railwa
corporation is creation of the Stat
of Virginia, and can only do bushes
in this State on such terms as the Stat
y may dictate under the provisions {
, the constitution and laws of the Unit
ed States. This State has the powe
to prevent the Southern railroad frol
|. doing business within its borders, an
. with this power, it will be, as Cover
a nor Russell says, the fault of the LEI
a islature if the present scandalous de,
!, for ninety-nine years is not vitiate,
Law and justice are both on the sid
of the State. Now let's see if the pr,
sent Legislature is composed of sue
men as can be defeated by railroa
power, when every thing except none
= manipulation is on the side of Il
Legislature.