The Caucasian. (Clinton, N.C.) 188?-1913, 1897-01-21

made without application 10 the Leg
islsture. Ii Was made without due
discussion or submission TO the peo-
pie of the State, all OF whom were
interested because the railroad is
their property. 1t WAS made six
years before the existing lease ex.
pired. II was made Substantially
by one man and that man the Gov.
ernor OF the State, who acted with
out the advice of their representa-
tives. 1t was made. so far as the
people know or believe, without IN
viting competition among the bid
ders. II was made under eircum-
stances which indicated Intentional
secrecy. 1t was called a lease. 1t
was in reality an attempted sale OF
this property belonging to the tax
payers without consultation and
without their advice or consent. In
deed, il was done when they did nof
even suspect that il was contem-
plated.
NOT A LEASE BUTA ATTEMPTED
PURCHASE.
The so-calied lessee, the real at
tempted purchasers, OF this railroad
are members and owners of cor
poration which belorg5 to another
State. They seek to own and con-
duct and operate this great high
way without asking the consent of
the State which built it and which
owns it. When the State under
takes to complain of this transac-
tion in its courts this foreign cor
poration will deny their jurisdic-
tion and attempt to remove the
complaint to the Federal courts. 1t
is within your power, gentlemen Of
the Senate and House Of represent
ativcs, to provide. by law, that no
foreign or nonresident corporation
shall hold or operate any railroad
within this State, by lease, purchase
or otherwise, except upon license
to be granted by such court, com
mission, officer or tribunal as you
may designate, and that no snch L.
cense shall be granted power to the
effect that the examination has been
made and that the control, operation
and management Of such railroad
by foreign or nonresident corpor,
alton IS not prejudicial to the inter
est of the State. And you have the
power further to provide for the
revocation of any such license by
the granting power; and you have
the further power to say by your
law that any or every such license
shall be revoked as to any such nom
resident corporation which shall at
tempt to remove from your courts
any case t, which it may be a party.
1t is believed that the lease claimed
by this foreign corporation is ultra
wires and void and it would be so
held upon the merits by our court of
last resort. 1t is submitted that it is
your duty to enact such m measures as
are best calculated to bring up this
question for spt edy determination
in your own courts aud prevent it's
removal to any other jurisdiction.
THE LEASE STEJ CT TO SOVEREIGN
POWER.
But whether this ninety nine year
lease be void or valid On the strictly
legal merits existing at the time of
its consummation, it is to be remem-
bered that this foreign corporation
obtained and accepted it and claims
right to own and operate this rail-
road, not by virtue of any North
Carolina statute, but under an un-
written rule, which is known to law
yers as the comfy of States and ma
tions. This unwrltten rule, where
ever it prevails, is always subject to
revocation by the local sovereign.
In this case you are the sovereign
The State may at any time decline
to extend this comfy. This o-call.
ed lease was taken subject to the
sovereign power. The lessees can
not be allowed to say that they have
acquired vested rights under exist
ing laws and thus put themselve:
beyond the power of the State anc
within the protection Of that clause
Of the Federal Constitution which
prohibits State from impairing tn,
obligation of contracts. This con
tention is no more tenable thai
would be that of domestic corpora
ton which would say that the Stat
cant OF repeal it's charter granted un
der the State Constitution, which ex
pressly reserves the right to amend
or repeal all charters. This foreign
corporation derives its right to op
crate railroad within our border
by what is substantially a licens
from the State granted under an un
written law. Every one of our hom
railroads derives It's powers and fran
chises under written license, tina
is, its charter. AS to these, tn
Legislature may revoke the licens
by repeating the charter. If it can
not revoke the unwritten icens
then it has come to this; that foreig
corporations may come upon our so
and exercise these great powers an
franchises without our consent an
: thereby obtain important privilege
. which are denied to our own people
REPEAL PARALLELING CHARTERS.
1t is M most important that the Mort
: Csrolins railroad should not b
f crippled or its value impaired by pei
mitting any corporation or person
q parallel 1t by the construction OF an
3 line, or Of one mile ofrailroad whic
q would connect existing lin,
so as TO have come ctio
n through the State, competitive t
= our own. If there be any cha
g ter heretofore granted by our Sta
l. which permits this to be done,
:. should be promptly repealed.
a You are invited to adopt any ar
is all measures within your comp
N tency looking towards the recover
"a of this property for the benefit
n the people and the taxpayers of Il
II State.
" RATE, CUTTING HELPFUL.
n Recently the producers of Il
of State have derived some bene
" from the actual competition betwe'