The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1897-11-30

passes have been issued TO divers classes
of persons, and for q variety OF rea
sons, bus mainly for use within aState,
and claimed for that reason not TO be
In violation Of the act to regulate e1m-
merce. 1t also appears that TO a lin
tied extent passes for Inter State jour
neys nave been issued by many com
panies.
The persons who have had free trans
portation as Shown by these returns
are embraced in Che following classes:
Railroad directors, drovers, express
men. telegraph men, news company
agents. Ulcers of palace a companies.
managers of excursion and shows, per-
sons injured on railroads, transported
to their homes, attorneys, surgeons,
persons on compsny's business, in con
sider8tion for contracts for purchase of
land, water rights and rights of way,
for services rendered, witnesses for
companies, in consideration for adver
Using, hotel and boarding house pro
prietors. newspaper men, shippers,
complimentary, special a accommo-
detions, to persons on request of others,
no reason given; for charitable pur-
poses, benevolent associations, ex EN-
ployees, and families of deceased EN-
ployees, members of legislative bodies,
State railroad commissioners, United
States, State and municipal officers,
employees of the railway mail service,
{ fiji Gals Of steamship and steamboat
lines.
The Inter. State Commissioners in
subsequent reports urged upon Con-
gross an amendment to the act specific
ally providing to what class of persons
free transportation could be given and
to also attach penalties for the viola
ton Of the law in this particular. But
so far Congress has shown no disposi
ton to amend the law, and it remains
an open question with the commission
ers as to what construction is to be
given this provision of the statute, and
as to whether it can be enforced in the
courts in SO far as the giving of free
passes is concerned by the common
carriers of the country. In this con
nection I might state that repeated
efforts have been made since the pass
age of the act of 1891 to make it an in
dictaole offence for any railroad COM.
pany to issue q pass to any State officer,
member OF the legislature or any other
person not an employee or officer of
the company, or for any such State
hcer or persons to accept such passes,
out all such bills have been invariably
defeated. Ihave avery vivid recolIec
ton of a bill introduced by myself
whilst ! member of the legislature of
1887 to make the giving of passes to
State officials and the acceptance of
such passes an indIctable offence, but
on the roll call there was only one vote
cast for the bill, and there we're some
who were uncharltable enough to say
that that vote was not mine. AS g
matter Of fact, however, it was. The
mere fact that these bills have been
persistenbly pressed by the opponents
of the free pass system in the legisla-
lures of 1893, 1895, 1897, indicate very
clearly the doubt exlsGIng in the minds
of judges and lawyers of the proper
construction to be given this section OF
the act of 1891 forblddlng undue pref
erences.
For it is manifest that if the act of
1891 referred especially to the grant
ing Of free passes it was needless to en-
deavor to enact any additional legisla
tion upon the question. Assuming, how
ever, that 1T was the purpose, spirit
and intention of the act to absolutely
PROHIBIT b common carriers OF the
State from granting or giving free
transportation to anyone excepting its
actual employees or persons travelling
in the interest of orphan asylums, or
other charitable institutions, then we
have a statute which ia iron clad in all
its provisions and is of far reaching
conse quence and effect. Under that
construction the Southern Railway is
liable 10 a S. 900 dollar fine for having
within the past year transported
Mr. BRYAN,
The distinguished nomInee of the Dam
~ocratic and Populist parties for the
Presidency of the United States, through
the State of North Carolina. It is also
subject to a fine of S., o. for having
transported another distinguished gen
tleman through the State, viz: VIM.
Mckinley, President of the United
States. Under the ruling made by the
learned Buncombe county jurist both
of theaa 6lsrinp11ishad Ranklemen ara