The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-03-22
EXCEPTIONS OVER-RULED
A LIVELY TIME WHILE NO1E
WAS BEING TAKEN.
Mr.. PEARSON GOES THE WHOLE HOG
Mr.. Caldwell Only Ventures Half the Way
While Or. Abbott Keeps to His Record
of Voting With the
Railroads.

Inc h1IlIOdu - y $500
fused to do the bidding of Governor Rus
sell and Col. Andrews. They-at least
two of them-refused to ~stultify them
selves by backing water on their former
action. lust to allow the Governor to
cons,1mmate one of his pet schemes-the
lease of the Atlantic and North Caro-
lima Railroad.
Tile. Railroad Commission met at IL
o'clock. After disposing of some minor
O'Clock yesterday morning. After
disposing of some minor mat
tiers the exceptions of the railways
were taken up.
Chairman Caldwell read one of these
to the board-that of the Seaboard
and Roanoke division of the Seaboard
Air Line, which has already been pub
lished, setting forth that the receipts
from the old passenger rate do not yield
enough to pay operating expenses, That
the effect of the reduction would be to
take private property for public use and
force the railways to operate at a CON
tinued loss.
Commissioners Pearson, as each eX-
ception was read. moved that it be over
ruled. The motions were put by Chair
man Caldwell. Ia
Pearson voted AYE"
Abbott said Il do not think any argu-
ment is expected. The law and the evil
dence sustain the exceptions, and as II
Conscientious man l vote no."
Chairman Caldwell ordered his vote
recorded as AYE"
Then in succession the other exceptions
were taken up-of the Raleigh and Gas
ton, Raleigh and Augusta, and atlantic
Coast Line. Each time Pearson re
newed his motion and each time there
was the same vote. Then the Southern
exceptions were taken up. Il suppose
you will enter the same motion" SAID
Caldwell to Pearson. Yes was the
reply. The vote was the usual , to L.
Then Pearson rendered to the Com
mission the following, which he offered
as the Judgment of the Commission as
to the Seaboard and Roanoke Railway.
In re Passenger Rates Raleigh and Gas
ton Railroad Company:
The Commission last July assessed the
value Of the entire property Of Raleigh
and Castor Railroad Company at ST.
562, 1913 as it's true value as required
by law. It's officers appeared and siren
uously insisted that said sum was more
than the true value of all its property.
The report of the Raleigh and CASTOR
Railroad Company for the year ending
June Both, 1897, shows that its net
earnings We're S249. 1O9.07. The reduc-
ton of passenger rates to two and two
and q half cents IS not over all its busl>
ness but on it's passenger business and
not on all its passenger, but only on
that done in this State. The reduction
will therefore be only about 81 ,659.21
lf there was nothing to make up fol-
the reduction in price, leaving still S213,
449.S6 net earnings, which is $50, 963..
10 in excess of 4 per cent on the true
value to which point the numerous de
cisions of the Supreme court of the
United States would authorize the Com
mission to reduce rates.
But we are Of the opinion that ever
this reduction can be more than made
good:
1. By the increased travel induced 10y
reasonable rates more in accordance witt
the reduced prices of products and Ia
Dor and the enhanced value Of one
:. By observance of the law forbiddina
the use of free passes by all others thai
railroad officers and employees.
). By the reduction of salaries, which
are SO large that this company has re
fused to report them.
Now, therefore, it is ordered that tn.
exceptions of Raleigh and Castor Rail
road to the passenger rates established
by the Commission on the 21s day O.
February, 1898, are o~ver-ruled.
Pearson said after reading this: 'Thes.
figures are from sworn statements" Alb
bott asked if it was necessary to hav,
anything of this kind. Caldwell said
NO. We have simply over-ruled til,
PX(ant1Onc " Ial1 room SaIl. ~ fpn6n7
the judgment as proper. In informe,
that 1t is roper. 1t strikes me we SHOULD
give some figures, facts and reasons 70
overriding the exceptions"
Chairman Caldwell put Persons mo
ton for the adoption of the judgmen,
Pearson voted aye. Abbott voted no
SO did Caldwell to the evident extrem
surprise of Pearson.
Caldwell, turning to Clerk Brown
SAID: For my vote. | assign the follow
ing reasOn-that the Judgment is uncer
tam m meaning and inaccurate in it
statements, fails to conform to the Law
and is not sustained by the law"
Pearson said quickly and with a lit
tie show Of feeIng: Il would like t
know what is meant by Inaccurate"
Caldwell said: Because it does no
conform to the Nebraska case which
recognize as the law of the land.
incorporates things not found as facts.
Pearson cited the Supreme court Q
the United States in the case Of Livings
ton VS.. Sanford. 164, decided in Decen
Der, 1896, as follows: "We could n,
say that the act was unconstitution;
because the company Gas it alleged an
admitted) could not earn more thar
per cent on it's capital stock. 1t cannt
be said that d corporation is entitled +:
of right and without reference to fl
interest of the public to realize an
given per cent on capital stock"
Caldwell said: ut is not necessa1
to prolong his discussion"
Pearson said: This is the opinion
eminent lawyers"
With a quick gesture and with e,
lent feeling Caldwell said: 81 allo