The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-02-22

fore us to be considered except the de
cree:"
Caldwell-"Thcre is a prima facie case
against YOU"
Danie!-"So it seems. The flower may
smell inst as sweet. but I'd like to see
the Stem and root behind it. if its got
one.
Caldwell--The only record that the
Commission presents to YOU is the nov
telephone rates.
Daniel-"May l ask Dr., Abbott if he
considered this old record:'
DR.. Abhott-'There has been no evl-
dence of any character before the new
Commission touching the telephone
question:.
CaIdwell-"He didn't ask You that
Doctor. he asked whether YOU consider
cd his old record
DR.. Abbott considered that we
acted on that when the old Commission
was in office. and l didn't think it neceS-
sary to 90 over it again.
vt this point Senator Daniel. General
Neaney and Mr.. K. c. Strong retlrci
for consultation. When they came
back ten minutes later Senator l'ahlcl
argued the question Of jurisdiction
and contended that the Railroad Com
mission act empowered the commission
ONLY to regulate the charges on telephone
messages Just rs it does on telegraph
messages. This IS the statute and II
mast be construed by the courts just az 1t
stands. 1t Il not the province Of any
court to add to il. The Legislature has
put telephone and telegraph messages
uron exactly the same footing. But
here comes a Commissioner. and. with rs
castles in the air. gives the act the con-
structiou that he thinks the Legislature
might. could. would or should have done.
WHY not go Il step further and give the
Commission Il right to sell out the cor
pOration for a year or term OF years.
There is no difference III tins II IN
fixing the rent for each part OF the
plant. 1t is obvious that this statute
never intended to confer upon this Com
mission such power. 1t makes 10 differ
nee whether the lease is for 80 years
or for one day, the principle IS the same.
The Legislature gave YOU power TO 90
one particular thing-prescribe the rate
for Il message, whether it be over Il
telephone or q telegraph WIRE.
"Whether wise or otherwise this IS this
law as carved out by the Legislature
Of North Carolina and the more one
thinks of it. the more firmly convinced
Gle ptCCIlltS lIldG l4I1 OI1ilicii W my
Attorney General and Of the former
Commission is correct.
$50 on the question of jurisdiction
am content to ask the Commission to
look again at that section of the statute.
The free government is "a government
Of law. while the government not free IS
Il government of men. In the free GOV.
eminent with the right to property goes
the right to use it in such manner as
may seem right and proper 50 long
as such a use does not infringe upon the
rights of others.
Contrast this with the method Of
gibbeting us UP as eXtortioners without
producing Il living witness OF the
scratch of a pen against us. There is
no law, no right, no justice in this. 1t
is not Of Il free government. There is
one thing that is loved in North Caro-
lina. in Maine, in every free country.
That is justice. 1t is the tirm-footed
tread Of right. which makes a man re-
gard not the clamor of the mol or the
threat of the mighty. 1t is that golden
rule OF doing justice to every man and
depriving no one OF his property without
due process of law.