The news & observer., 1897-02-07

| TdIrOdu C0uInlSShOn WHO Saau Lney WOuH
hike to help them, but couldn't do it ON
account of "this internal legislature" +"
and finally the matter had been closed
by Z. S. injunction. Thus competition
had been headed off, the Southern's act
having benefited not those along the
Line, but merely those at strong COM
petitive points.
The fourth section: Commenting, the
Judge said provision was already made
to advance Homestead cases as well as
other kinds of cases. There was some
cav;lling as to the cost of this lease, and
that the bill provided for the cost for it,
and it was right to provide that the peo-
Pile reimburse: one of the great test in
vestments the people ever made was in
paying his distinguished friend (Robert
| Burton) $4,000 for subjecting the Will
! mington and Weldon to taxation.
. Section 5. As ITO misdemeanor and
fines. If there were q necessity for the
bill there was a necessity for drastic pesl-
alties and it was not harsh to provide
even for the continuing Indictment from
day to day. The Judge here cited ati-
thority. We must adopt vigorous meth
DDS against a corporation so we'll backed
with money and power.
/ Section 8: 1t was difficult to reach a
corporation unless every one connected
with the infring cement of law could be
reached. He was not setting traps to
cutch "Kow- -loroners" or attorenys: /:
if he were he could not get enough traps
in North Carolina Ito catch 'ean, the town
was so full of 'em
The Judge cited the State of Georgia
Railroad, which, of course, he said sar-
casticaaly, the Southern didn't buy, but
Mr.. Ryan bought it to run i'm conjunction
with the Southern Railway, and you
couldn't tell Ryan from the Southern
+, Railway, amy more than one black-eyed
pea from another.
There WAS considerable trouble in get
ting action ON this lease last summer.
There Judge Avery criticized the use by
Attorney General Osborne of his discre-
ton of whom he spoke as an able man
and one than whom there was none bet
! ter tin North Carolina.) We had a lease
made under circumstances which was to
say the least very unwise The Judge
was at school with Gov. Carr and extoll-
ed his honesty The aim Of his administra-
tIon was to get the North Carolina Rail-
r,oad ,,r.la- s1ss-r, t.tI-
derstood, had prevented quorum from
being present and hence had thwarted
his darling scheme. But Elias Carr was
/ hypnotized and circumvented in this
transac cti0n and that was as mild as he
could make it and the directors were
controlled by Governor Carr. Governor
Carr had been approached by the rail-
road men with the siren song that if he
would favor this lease, it would give him
a way to get the road under taxa
tion.
I The Judge referred to Hoffman's Of
fer ito bid, i'm spite of which this lease
WAS made. This property was not the
property of the directors-they were
trustees-it was the property of the tax
payers-and they were here with the Gov
ernor at their head to see if it was law.
If this higher bid was made, and this
lease was made with the expedition re-
ported-it would not stand between in
dividuals. Referring to the bond of $780,
600 suggested for Governor Russell,
Judge Avery exclaimed with indignation
that North Carolina was sovereign, or
used to be so, and it was to be expected
that the State was responsible for the
/ required bond.
| Judge Avery noting an amendment
here, said THAT any stockholders had a
! right ito see how his servants were
doing his business, and he wanted these
books mot kept in New York where they
could not be reached but here in North
Carolina. AS to the meeting of the di-
rectors here, the Judge said
/ a conspiracy even had been
entered into to forestall the
| Governor from subjecting it to tax. 1t
was unrighteous, unjust, moral invasion
of the peoples rights, and it ought to
make legal invasion of the peoples
| rights.
Section 8, as to repeal of charters of
branch roads. He had understood that
the stockholders had been threatened
with destruction Of their property, unless
they yielded, had threatened even to
parallel the N. G.. Railroad from Wilkes
boro, tapping the Charlotte and States
will road. If you stockholedhs don't give
us the road, we will parallel you-if you
dove won't take it except for 80 years.
you'll be damned il you do and you'll be
damned if you don't''-yet these good
men had been bull-dozed into doing that
which did not commend itself to their
good judgment.
Section 8, as to the keeping out OF
bidders, such a proceeding among private
individuals would not be sustained in q
court of equity. Again the contract was
ultra vires-he would be met with the
argument that he had read decision
declaring the 30 years lease adjudicated
he had answered this, but the only argu
ment possible in this would be that as this
applied to the 30 years lease so it would
now apply to the 80 years lease: there
was q way to test this and that was tt
go into court of justice, instead Of hav
ing this corporation enter the State as d
Cerberus destroying peoples rights, tax
ing refuge only in the Federal courts. The
Judge supported his claim OF ultra wires
with citations-he argued elaborately tc
this point-making specially the point
that in acquiring this property for 8!
years, the railroad thus attempted to rio
itself of the impositions OF its charter.
Section II, to provide against evasivt
assignments.
. Section IL, about the sale of the road
AN amendment was considered to protect
the private ckholdeTs-Robert Burton