The news & observer., 1897-02-09
INVESTIGATING
THE 99-YEAlR LEASE.

n
.oxcent Mr.. Pearson, of Burke, who is at
Norganton as q member of the Insane
ASYLUM committee. The argument was
opened by Mr.. f. H. Busbee, of this
pity. attorney for the Southern Railway.
In beginning his speech he said that for
the first time in history he had heard
that a superintendent could change an
effer, and bind his company. Mr.. Hoff-
mans offer to lease caused the stock TO
go down in Baltimore. This is an an
swer to the question whether this offer
is made in good faith
What was the first proposition? that
every railroad should pay a license fee
of SJ00-that was meant to apply only
to the Southern Railway Company-on
the pretense of preventing removal OF
causes. Referring to Judge Avery,s re-
marks Saturday afternoon, Judge Avery
said that the Seaboard Airline did not
remove its caalses-he didn't say
that it couldn't. Judge Avery inter
rupting promptly said he stated that they
did not, not that they couldn't. Mr. Bus
bee retorted that he knew that they
couldn't There was here quite spirited
exchange The Judge asked Mr.
Busbee to conine himself to the
truth, and referring to the remarks above
as to removal of causes, he stated that
he had not said they couldn't because
he thought every man of intelligence
knew that. Mr.. Busbee, in return, fash
ed up with sarcasm, saying that Judge
Avery no longer adorned the bench
where he could say to this one come and
he coaneth and TO another, go and he
goeth, but was ON an equality with every
North Carolina lawyer, a position quite
as honorable as that of Supreme court
judge.
Mr.. Busbee adroitly continued his ar
gument, contending that under the prin-
eiple of interstate commerce, no license
could be imposed, and insisted that the
principle fitted here as the Southern was
the road moved against, with which Col.
Sutton took issue for a moment, but for
which Mr.. Busbee read authority, which,
Ae contended, sustained him.
He asked if North Carolinians, at the
behest of the Seaboard Air Line, wanted
the charter revokable at the will CT the
Governor. In the face of $3.50, 900 rental,
the sword of Damocles was yet constant
~ over its head. Power was then put
into the hands of rivals to cause agents
to break the law and thus make the char
ter forfeitable. Capt. Day said they
broke the law without being Influenced
by other corporations, and that was just
what they were kicking at. he retorted
that if any railroad was more of law
breaker than the Seaboard, God help it.
Mr. Busbee sneered at the idea or
taking this work out Of the hands of the
Attorney-G General and putting 1t into the
hands of special counsel-Who could get
their pay out Of the railroad il they
could-they couldn't get eow-case, but
IL,
If the lawyers were of not such high
character he would say that such legisla-
ton might be stirred up for the purpose
of lawyers putting their hands in the
treasury aud getting out the money, as
had been said by Judge Avery Of Mr..
Burton in the matter of the $4,000 fee
received for his services against the
Wilmington and Weldon Railroad.
Mr.. Busbee here took up the ultra wires
proposition of Judge Avery and was al
most disposed to offer to give up the con-
tention, if any decision could be
given sustaining the invaHdity of
a 99-year lease per Sc. AS to
Judge Ayery's agreeing with Judge
Bynums dissenting opinion on Saturday
might, in the face Of his having said, un-
der the force of the opinion in the Logan
case, that it was not an open question,
he did not understand human language
if both of these positions could stand
simultaneously. The conclusion was the
invincibility of the so years lease.
Now Mr.. Busbee proceeded to answer
the objection of '6 years befor the lease
was ended and argued his position
by outlining the programme Of the
Southern to go to Norfolk as q terminus.
The Southern wanted to know if it was
going TO be able to use the route via the
North Carolina Railway, If we can't
get II. we have an offer by the Atlantic
and Danyire, and we have a charter
from Wilkesboro that will put us in
Charlotte. now what are you going to doE
They wanted to complete the road and
wanted an answer. And yet Gen. Hoke,
Mr.. Fries and others had been held up
as financial idiots by Buck Kitchin and
Judpe Avery, with Capt. Day to come
Cant Day interrupted. Judge Avery
asked "Who said it?' Mr.. Busbee modi-
f;ea bis language, when Capt. Day said,
at will say it," And passing on rapidly
Mr. Rusbee said that as TO the wilkes
horo and other charters, the committee
vconldn't dare to take the charter from
the Southern.
AZ Rusbee reviewed tine history Of the
~rovth along the line of the road since
1871. how towns had grown, ana fares
had decreased from 3 to 312 cents anu
taking up the matter of interest he
traced traced the course of it downward, and
srclaimed that, therefore, it was no won
Der that the directors had seen the ad-
vantage Of the bargain, and that mere
fora fhe stock had responded so quickly
advancing to S1.35.
Mr. Bnsbee explained the Cobb matter,
whom the chairman had intimated was
bought, and replied that he was paid 50 50
much for his stock and so much for
en- indemnffying bond Chairman
Cook asked: "Who scared Cobb?'
AZ IT. Busbee replied that he was
salvont. I and did not wish TO be further
involved. Chairman Cook asked # It was
bond for Guilford court. Mr.. Busbee
said it was general bond gwen oy o'h9rs !, ;
ou tba way TO the Supreme Court; he
.as 90 eiyen $40 by Schenck, Jr., for the
,1sa ~a9 of his name and 800 for the bond.
Mr. Rusbee said he was not half