The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-07-13
SAID COUNSEL DAY
ATTORNEYS WARMED TO THE
WORK EARLY IN THE GAME.
SEABOARD HEARING ON RATE REDUCTION
Figures Of Speech and Other Figures '-6ist OF
the Contention Estimates of Counsel
as to Earnings of the Road
Varied Widely.


was damned to the doors with legal and
other talent yesterday morning ana the
atmosphere was heavy with statistics,
legal maxims and the guardian spooks
of past commissioners and former ISSUES.
Variations were To be rendered on the
novel topic of the reduction of passenger
rates and the Seaboard was the de-
PENDANT.
Second Nice-President Finley and Gen
eral Counsel Henderson, of the South
ern. had come in on special train
early in the morning accompanied by
trail of dust and pleasant anticlpatlonS.
They wanted To see how 1t feels to sit III
the grand stand and see the other fellow
kick the umpire. Colonel a. Is. An
drews was also present IN proper person
and sat in the bedroom adjoining the
scene of action where he could dodge
Mr. Douglas ''hggers of speech. he
called them. with greater ease. The sup
ply of mutton chop whiSkers was dis
appointing. Reporters were permitted TO
take their ease on the lounge where
Keeper Burns sat with his side arms
when on guard duty.
At the beginning there was lively
tilt between counsel as to who should
tended that the defendant should close
as he had offered no evidence. Chairman
Caldwell ruled that defendant might
open and close argument. but must state
his contention in the opening speech.
During the discussion as to who had
right of way. Colonel Day stated that
Colonel Hinsdale had '.viciously opposed
the introduction of testimony by the
defendant to which Colonel Hinsdale
took exceptions and the remark was
withdrawn.
Part of the report of the Seaboard as
TO the quarters business had been filed
only yesterday and this was ruled out
as part of the record on motion of the
plaintiff.
Colonel Day opened for the defense by
declaring that he hoped the question of
rate reduction was nearing n conclusion,
and that its ghost would not return to
yeX the board again. Il can not see.
said the colonel, why the railroads
should he singled ont from all other
corporations TO be made the victims Of
popular clamor. The people in dealing
with the roads remind me Of the eastern
tale in which fhe SOW so soon as her
young had grown to some size devOurcd
them So the people clamor for rail
road but when they get il try to drive
it out of business. At this classic Zig
GER Commissioner Pearson looked fierce
as musketeer, Father Abbott wore an
anxious wrinkle and Chairman Caldwell
took seventeen distinct pllffs from his
other business paid so large Il share of
in action. Colonel Andrews nodded his
approval and encouragement.
The gist of the contention of Colonel
Day was that the sworn statement Of
the officials of the road backed by figures
as to cost of operation. value and earn
ings should be accepted and that on
that basis the stock of the road was
paying on business done in the State less
than u per cent. He stated that no
other business paid so large 4 share of
the burdens of the Government as the
railroads. Banks are allowed to make
q per cent. on money loaned, but rail
roads make less than Il half per cent. on
stock after interest on bonds is paid. In
conclusion Colonel Day declared that
North Carolina would be fifty represented
by figure with its face to the past and
it's back to the future and under ii the
inscription North Carolina Progress"
Mr. Douglas for the plaintiff denied
that North Carolina was not progressive
and declared that she had kept pace with
other Southern States. He urged in re-
ply to Colonel Day that banks do not
make 6 per cent. on money loaned after
deducting taxes. rent. etc. which was
the method employed by the roads in es-
timating profits. He said that interest
on the bonded Indebtedness. losses by
damage, accident, etc, commissions to
traffic agents and other items should not
be deducted when reckoning earnings of
the road. Referring to the Nebraska de-
cson he said that under it profitable
divisions of a line were not permitted to
be saddled with losses Of an unprofit-
able division i'll another State. This
had been done in the report of the Sea
board to the commission. The earnings
of the Raleigh and CASTOR division from
Interstate traffic was 81 per cent. of to-
tai earnings while the same division was
required TO bear more than 81 per cent
of the expenses of Interstate traffic.
According to the showing of officials.
counsel contended, the earnings of the
road, if properly calculated, were Is per
cent. which was too large. Il am de-
clared Mr. Douglas with emphasis,
"called Il piney woods rabbit hunter, but
/ came here to hunt bear and am
loaded for 'em. | use piney woods meth
DDS of figuring. not new tangled geOmet-
rical progression" Whereat one corpu-
lent listener, with pipe and placid mien.
chuekled for five minutes continuously.
Colonel Day and Mr.. Douglas were
only skirmishers. The main argument
was made by Colonel Hinsdale and
Judge Watts.
Colonel Hinsdale declared that the
plea Of res adjudicata had no applica
ton in the case since the proposition in
March was to reduce rates on a large
number Of roads. some of them small
and unable to bear II reduction. In reply
to the argument that it was merely n
test case Colonel Hinsdale said that the
true question is. whether. under a prop
or construction Of the Nebraska decision.
the railroad company with its net income
of $220.O24.46, less taxes S13,626.62,
can not bear Il reduction in its local pas
senger rates, which will not. in the ag
gregate, be more than $1,000.
Because the Raleigh and CASTOR