The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-18
A Lively TIME WHILE VOTE
WAS BEING TAKEN.
MR.. PEARSON GOES THE WHOLE HOG
Mr.. Caldwell Only Ventures Half the Way
While DR.. Abbott Keeps to His Record
of Voting With the
Railroads.

sell and Col. Andrews. They-at least
two of them-refused to stultify them
selves by backing water on their former
action, just to allow the Governor to
comsummate one of his pet schemcs-the
lease of the Atlantic and North Caro-
lima Railroad.
The Railroad Commission met at 10
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 con-
tinued loss.
Commissioner Pearson, as each eX-
ceptf0n was read, moved that it be over
ruled. The motions were put by Chair
man Caldwell. ~
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 a
conscientious man / 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 /.
Then Pearson rendered to the Com
mission the following, which he offered
as the Judgment of the Commission as
10 the Seaiboard and Roanoke Railway.
In 70 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 its true value" as required
by law. It's officers appeared and siren
than the true value of all it's property.
The report of the Raleigh and CASTOR
Railroad Company for the year ending
June Both, 1897, shows that its net
earnings were $40, 109.O7 The reduc-
ton OF passenger rates to two and two
and q half cents is not over all its busi-
ness but on its passenger business and
not on all its passenger, but only on
that done in this State. The reduction
will therefore be only about $50, 659.21
eff there was nothing to make up for
the reduction in price, leaving still $213,
449.S6 net earnings, which is $500
73 in excess of 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 even
this reduction can be more than made
good:.
1. BY the increased travel induced by
reasonable rates more in accordance with
the reduced prices Of products and la
Dor and the enhanced value of money.
=. BY observance of the law fOrbidding
the use of free passes by all others than
railroad officers and employees.
3. BY the reduction of salaries. which
are so large that this company has re-
fused to report them.
Now. therefore, it is ordered that the
exceptions of Raleigh and Castor Rail
road to the passenger rates established
by the Commission on the 21s day of
February, 1893, are over-ruled.
Pearson said after reading this: '',Ehese
figures are from sworn statements" Alb
b0tt asked if it was necessary to have
anything of this kind. Caldwell said.
mo. We have simply oyer-ruled the
exceptions" Pearson said: Il tender
the Judgment as proper. I'm Informed
that it is proper 1t strikes me we should
give some figures, facts and reasons for
over-ruling the exceptions"
Chairman Caldwell put Persons mo-
ton for the adoption of the judgment.
Pearson voted aye. Abbott voted no.
SO did Caldwell to the evident extreme
surprise of Pearson.
Caldwell, turning to Clerk Brown,
said: For my vote. | assign the follow
ing reason-that the judgment is uncer-
tam an meaning and inaccurate in IT'S
statements, fails to conform to the laws
and is not sustained by the law"
Pearson said quickly and with a lit
tie snow OF feenng: II would like to
know what is meant by inaccurate
Caldwell said: Because it does not
conform to the Nebraska case which
recognize as the law Of the land. 1t
incorporates things not found as facts"
Pearson cited the Supreme court OF
the United States in the case of Livings-
ton VS.. Sanford, 1914, decided i'm Decem-
Der, 1896, as follows: I'VE could mo-,
say that the act was unconstitutional
because the company (as it alleged and
admitted could not earn more than
per cent on it's capital stock. 1t cannot
be said that a corporation is entitled as
OF right and without reference to the
interest of the public to realize any
given per cent on capital stock"
Caldwell said ut is not necessary
10 prolong this discussion"
Pearson said '"Ehis is the opinion of
eminent lawyers"
With a quick gesture and with cyi-
dent feeling Caldwell said: 81 allow