The news & observer., 1897-02-07

THE 99-YEAR LEASE

-AA o:oO the supreme court
SOON presented a scene of much
interest yesterday afternoon
sccasion being the hearing of
those interested before the special
committee ON the bill to annul the North
Carolina Railroad lease.
Rarely, perhaps, has the court room
contained such an array of prominent
men. Among those present were, Vice
President Andrews, of the Southern, Pri-
vate Secretary Miller, Capt. S. B. Alex
ander, President of the Month Carolina
Railroad; Gen. r. +. Hoke, Capt. Chas.
Price, Mr.. F. III. Busbee, Mr. james
Manning, Col. Lee Overman, Mr.. w. c..
Maxwell, ex-Attorney- General Osborne,
ex-Associate Justice Avery, Capt. w. III.
Day, Judge Spier Whitaker, Capt. w. III.
Kitdhin, DR.. J. B. Batchelor, Mr.. J. G..
l.. Harris, Judge Armistead Brrwell,
Mr.. Walter Henry, Mr.. J. NJ. Moody, Mr..
Herbert jackson, Mr.. Thomas r. Pur-
nell, Mr.. Robt. Strong, Mr.. Ed. Cham
bers Smith, Mr.. Charles NJ. Busbee, Mr..
John Brower, editor JOsephus
Daniels, Mr.. Hinshaw, of Winston,
Ex-senator J. NJ. Mewborne, Maj. j. w.
Wilson, Representative Walters and Cum
ningham, A. b. Andrews, Jr., Senator
Scales, Mr.. Robert Burton, DIR. v. E.
Turner, John III. Winder, Middleton L.
Leach, Judge MacRae, Mr.. GaJtt:s, Rep
reSentative HARNESS, Mr.. John Thomp-
son, Representative Lyle, of Macon, and
almost half of the other legislators; Col.
Henderson, chief counsel of the South
ern Railway, ]. j. Young, H..W. Fries,
G. w. johnson, b. r. Lacy, A. L. Baker,
w. Ell. Worth, g. Otho Wilson, Jno. B.
Kenny, John G. Scarborough, R. I. Gray,
Geo. w. Thompson, and as
many more as could get standing room.
There were of Sea board officials present
also, Messrs. v. E. McBee, B. A. New
land and c. I. Williams.
There was some sparring as to division
Of time, chairman Cook stating that he
was willing to sit until midnight with
gain, if necessary, the different repre-
sentatiyes ITO settle upon their own time.
Judge Avery opened by saying that he
came here alone as the representative of
no party, of no man but as representa-
tive of the Governor of North Carolina.
He believed that the State had been in
vaded N the matter of this lease, and he
proposed to bring as remedy this bill
would be applicable to the case.
Judge Avery then took up the bill and
began to read: he read the license clause.
He discussed the objection against its
constitutionality and said practically the
same laws i'm other States had been sus-
tanned by the United States Supreme
court giving the Governor the right to
revoke license. A foreign corporation
could exercise rights in State
only by implied authority: if there were
any corpora tions, they must come sub
iect to those restrictions. The question
here was whether this proposed restric-
ton was a legal one. He sustained its
legality by citing a case of private in
surance company, 94 q. S. page 535. He
read am opinion from Mr.. Wood giving
a State even in extreme cases right TO
revoke the license of corporation. LIST
vol. Woods Railway pages 80, 30. The
Judge read further from Doyle laying
down the principle that corporation
might be required to abstain from the
Federal court, or relinquish Its business
in the State. But this decision aside
the Supreme court of North Carolina
had held the power to be in Governor
to revoke a license not obtained IN ac-
cordance with State laws.
Judge Avery cited other authorities and
cOntended that the basis was sufficient
upon which to place the present measure.
He pointed out the difference between
this case and the. Dartmouth College
cases, and referred to constitution of
1868 reserying the right in the legisla-
aure to rescind a contract, and amy con-
tract made must be made in View and
contemplation of law, and that contem-
plation is that the Legislature has right
to prescribe terms or revoke a license
when they did not comply with those
terms. Mr.. Charles Price asked to inter
rupt but Judge Avery preferred to close
the argument when he would hear Mr..
Price.
This corporation had come here and
treated our courts with contempt, saying
they could not get justice in our courts,
and referred to one of their aftidavits
asserting prejudice. Other people had
70 submit to it and the Atlantic Coast
Lime and Seaboard had submitted to
State courts in all their history. Neither
one of them had ever gone into the hands
OF receiver, and this lease
was granted to the Southern
inst about the time they got out Of 8
receivers hands. They liked the
Federal court, because brakeman oi
other complainant would get less out o1
the Federal court. The Judge referred
10 the charge that after the 30 year lease
had been made it was res adjudicata
he answered by saying that had his lips
been free, he would have espoused the
great dissenting opinion of VIM. Preston
Bynum. He had been criticized as being
representative of Gov. Russell, by mar
who had denounced this leasing by Carr
as Democratic infamy, and yet he was
here electioneering to get the lease
through.
Leaving this, the Judge asked i!
they were right according to decisions
why not let the courts decide it? the
people demanded that the best price bt
obtained.
The Judge read the third resolution
prescribing the penalty for violating th,
liberty given by the proposed license.
Judge Avery by way Of introducing
4 L IL