The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-02-18

Caldwell lie df4s
Daniel-"And you referring to Mr..
Pefrsony arrived at the same conclusion
without any eyidence.
Pearson 4 e1d-
Dangei-'"Theu IVY Commissioner
FearsOn's statement we are prima facie
guilty Of extOrtiOn, and yet we are not
told who charges IT. or what proof they
produce to suFstantiate the charge This
cannot be done. We cannot be deprived
Of our property without due process Of
law. These are the words Of the courts.
Dae process Of law is b. testimony OK
credit@ble witnesses"
T'earson--"Tf I may interrupt yOu |
wllI state that the witness is present. and
yog viii have the privilege Of examiT.-
ing him."
DanieG~'That is a new piece Of in
formation. IL the witness has already
been examined then You need not 20
through the performance again for my
benefit, just let me $50 the record. for
This court is required 20 make a record
81 IFS proceedings And IL he has not
been examined how could his testimony
be known or 2 decree founded upon it,
Caldwell Commission has a
right, whenever it sees fit. to make a
out hearing any evidence. This II n
prima faGe case, You have filed ezcep-
lions, IL now devoIVeA on You 10 make
those exceptions good"
Daniele-'fRuf the Commission IL given
power 10 summon witnesses. send for
books and papers and otherwise get
testimony on which ~ base ias rulings.
Now. IL You have done tgis we would
ike ~ know il. Il there anything be-
fire us 70 b. considered except the de-
crpeT'
CahwelI-'"1Here is a prima 'facie case
agaiust You"
Daniel $50 it seems. The flower may
smell just aa sweet but I'd like 10 see
tic stem and root behind il, If its ggr
| one"
CaIdwel-"Tha only record that the
Commission presents 10 you Is the new
| telephone rates"
DanieL''Slay I AK Or. Abbott II be
cOTsidered this old recordE''
Or, AbbOtt-"Therr has been no eyi-
dence 81 any char8c ter before the new
Commission touching the telephone
question"
CaIweIl-"H4 didn't ask you that
Doctor. be- asked whether you consider
| cd this old record.
DR.. Abbott considered that we
acted Oh that when the old Commission
was in Office. and / didn't think il neces-
SaFg 10 70 over il again
At this point Senator Daniel. General
| Mcaney and 1fr. r. c. Strong retired
| for consultation. When they came
back ten minutes later Senator Daniel
argued the question Of jurisdiction.
and contcndcd that the Railroad Com
| n.i.siOn act empowered the Commission
only to regulate the charges on telephone
| messages just as it does on telegraph
| messages. This Is the statute and IL
must Je construed by the courts just as il
stands. It - not the province Of any
court 10 add To il. The Legislature has
put Telephone and telegraph MESA yes
upon exactly the same footing. But
here comes a Commissioner. and. with It's
| castles in the air gives the act the con-
structiOn that &c thinks the Legislature
| might. could. would or should have done
Why not 90 a step further and give the
| Commission Il right TO sell out the cor
| pOrati0n for year or term of years.
| There is no difference in this and 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 no differ
| ence whether the lease is for 80 years
or for one day. the principle Is the same
| The Legislature gave you power TO dC
one particular thing-prescribe the rate
for message. whether it be over a
telephone or a 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
one becomes that the opinion of the
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
a 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 so 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 a living witness or the
scratch of Il pen against us. There is
no law, no right no justice in this. 1t
is not of free government. There is
one thing that is loved in North Caro-
lima, in Maine, in every free country.
That is justice, 1t is the frm-footed
tread of right, which makes a man re-
gard not the clamor of the mob 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"