The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1897-10-05
HAVE BEEN GIVING FREE
PASSES ON THEIR LINES
THE INDICTMENTS WILL BE
DRAWN Up BY SOLICITOR
POU NEXT JANUARY.
DR.. KIRBY SMITH PRESENTED
FOR A HElNOUS CRIME

Irouble'About the Whisky that Has Been
Carried and Drank Within the Pen
i%tentlary 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."
From Judge Robinson's charge to the
Wake county grand jury Monday.
This is the first time IN the history of
North Carolina that a judge has dared
give such a charge, and a mighty SEN
sation it created.
But the grand jury took him at his
word and have, / understand, sen in q
presentment against certain railroads in
the State, charging them with having
violated the laws of North Carolina by
giving free passes.
This also is 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
6cers 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 q free pass since the enact
ment Of this law will be called upon to
tell where and how they got them.
OF course when the case comes up 1t
will be a great legal battle. The rail
roads will no willingly give up the free
pass business-and will 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 a pen
atty. Section 4 Of that act prevents
| any discrimination "for equal service
and any violation Of the section is made
nm offence" punishable upon convic-
ton with a fine OF not less than uia-
thousand nor more than five thousant
dollars for each and every offence In
short the act makes any railroad indict-
able for giving free passes.
Section % of the same act permits com
mutation and milpao. tickets. charity
etc, but permits free passes only to EN-
pIoyes 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 4 of the Railway Commission
iaw is an exact copy of section ? Of the
Xcept that the latter act does not make
it an Offence" punishable upon con
r~iction" with fine. and for that reason,
/ has been decided that the Interstate
Commission could only declare the Civ
NJ of free passes to other persons than
galway employees unlawful. but could
not enforce the law. for the reason tha
The act failed to make IA violation Of the
Jaw an offence or provide Ii penalty