The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-06-09

Here the Commission took a recess
until 3 O'Clock p. M.
On reassembling, Mr.. Douglass read
| the Governors complaint against tho
Wilmington and Weldon railroad, here
tofore published in this paper. Colonel
Warren G. Elliott president of the VIII
mington and Weldon Railroad Company
read the reply Of the defendant com
pany. The reply is nm exhaus
tive paper. setting forth in detail the rca-
sons held by the company why their
present passenger rates should not he
disturbed.
II begins by protesting against the
statement in the complaint chat
in view Of the decision of the
Supreme Court of the United
StAtes in what is known as the NE
hraska Case" it is advisable that tests
eases should be at once presented to the
courts in order to definitely determine to
what extent your honorable Board still
has the right to regulate fares. and TO
The contrary thereof the defendant cub
mits that your honorable body was not
created by the Legisl ature for the urposc
of trying moot-cast, or to devise test
cases, but to try and decide actual CON
troversics in due and orderly course Of
legal procedure and according to the
best Judgment of the Board and doth
further submit that the Nebraska case"
does definitely determine to what extent
your honorable Board has the right to
regulate fares on railroads operated
wholly within this State
II quotes rates charged in other States
ms evidence that rates in North Carolina
are low enough, and declares that the
Commission has twice considered and
decided this question and that further
agitation of the matter is not only UNI
just and unreasonable, but veXatious and
oppressive"
The answer further says:
statistics carefully compiled by this
defendant from it's books and business
for the year 1896 show the following
earnings and expenses at the present
rate of fares of the passenger trains or
the defendant for that year:
Receipts from passengers, per
passenger train per mile. re cents
Receipts from passenger train
service, per passenger train
mile including mail and OK
press .................. .96 cents.
Operating expenses per train
mlle. ................. 80 CENTS.
Showing an actual deficit from
passenger earnings of. LIB cents
And a profit from all sources Of II cents
And like statistics for the year
1897 from same sources show
receipts from passengers, per
passenger train mile. ......6 6 cents
Receipts from passenger train
service, per passenger train
mile, including mail and OK
press ............. " cents.
Operating expenses per train
nlile ................. ST cents.
Showing nm actual deficit from
passenger earnings Of. 800. 90 cents.
And profit from all sources of 6 cents.
And from these statistics covering the
operations of the defendant for the last
two years this Board can readily see
that il the defendant were compelled to
operate its passenger trains at the re-
duced rates of fare asked, they would
not only produce no profit or net income
whatsoever but would be source Of
positive loss to the defendant"
In closing, the defendant company
says:
This defendant further AYERS that any
reduction of its passenger rates, in The
light of the facts and circumstances
aforesaid would be TO deprive this do
PENDANT Of its property without due pro-
cess of law. and would deny to it the
equal protection of the laws, and it ex-
pressly claims the protection of the
fourteenth amendment to the Constitu-
ton of the United States"
The remainder of the afternoon was
taken ND in the cross examination of
Mr.. Hill, the secretary of the Southern
Hallway Company, who was placed upon
the stand and made oath that the facts,
figures, statement, me. as presented in
the answer filed by the Southern Rail-
road Company were true.
Col. Hinsdale conducted the cross OK
animation. and for two hours kept the
witness under Il heavy fire of questions
as to minutes, details, calculations, es-
Inmates and other matters embodied in
the Southerns answer.
Frequently rne witness had to confess
that he based his statement, not upon
his individual knowledge, but upon gen
eral information derived from confer
ences with other railroad officials, and
upon estimates furnished by others.
The questions as to the value of the
North Carolina railroad, cost of con
struction, gross and net earnings. The
earnings from intra-State, as distn-
guished from intro-State earnings, the