The Caucasian. (Clinton, N.C.) 188?-1913, 1899-11-09
sIMoSTOS ON THE LEGIsLATUkE.


20 make laws for North Carolina, the
legislature of 1899, even its friends
being judges, will easily walk down
bearing the cake. The So
called "incompetents" OF former leg
islatures cannot be compared With
the incomp etents Of this. Blunder-
ing like a blind horse and botching
like a clown, it was as happy oil the
while as q hilarious idiot or the &C.
MUS Of destruction.
When this body was elected ana
after it's assembling, it was charac-
terized as the brainiest ever assem-
bled in the State. 1t closed its Ia
bors only to prove how near the
province of fools may dwell an ex-
cess of "brains.' Not . week pass
ss without some new manifestation
OF the incompetence OF this mad
scramp ole Of NAV, malice and brains,
which, by the grace Of the railroads
in 1898, is known as the legislature
of 1899.
Judge Simonton discovers its Ia
test botch, and he being q railroad
Judge, ought to know the mind OF
that railroad legislature, If any man
in the world can know it.
The Corporation Commission, pre-
Stunning that it had succeeded to the
powers of the Railroad Commission,
proceed ed in June to assess for tax
alton all of the railroad property IN
the State, and increased, though not
adt quately, the assessed value OF
this property; upon which. the rail-
road companies, objecting to this In
crease, obtained from Judge Simon
ton of the United States Court, an
injunction against the collection OF
taxes upon the valuation fixed by the
Corporation Commission. This case
vas argued before Judge Simonton
at Asheville about the middle OF Sep
TENDER, and he gave out his decis-
sion on the Sd of November.
The railroads commended, among
other things. that the Corporation
Commission had no authority to as
sess their property for taxation at
all, and Judge Simonton decided this
contention in favor of the railrods
and against the State.
1t will be remembered that the leg
islature of 1899 abolished the Rail-
road Commission by repeating the
act of 1891 which established that
Commission, and all acts amendato-
ry or supplemental thereto, and that
it created q Corporation Commission
to take it's place, by an act ratified
March 9th, 1899, which went into ef-
feet on snd after the 9th oil April.
The act creating the Corporation
Commission does not confer on this
Commission the power to assess rail-
road property, but declares in SEQ
ton 2, sub division 90, that the Cor
poration Commission shall perform
all OF the duties and exercise all of
the powers conferred upon the Rail-
road Commission by the act Of 1891
and the acts amendato-y thereto.
But these last mentioned acts the
legislature repealed on the 9th OF
March, 1899, and the very day OF
the ratification of the Corporation
Commission act, the repeal of these
acts to be in force from and after
April 4th. $50 says Simonton,
"when the Corporation Commission
act, speaking as of the day when il
was set into force" (to-wit: April 81,
SUBDIVISION % of Section 2 of the
Corporation Commission act referred
to an act which had been repealed in
toto The Machinery Act ratified
March 9Th, two days after the ratifi.
cation of the Corporation Commits.
sion Act and the act abolishing the
Railroad Com mission, gives the pow.
er to assess railroad property to the
r, r. Comm'rs and not to the Corpo
ration Commission, Notwithstanding
the Railroad Commission was abol
ished by the act of March 9th, to be
effective after the 4th of April. "Or
the WHOLE" says Simonton, "the con
clusion cannot be resisted that eth
er Intentionally or accidentally thu
Corporation Commission was moi
clothed with the power of appraisina
and assessing railroad property, ani
that their attempted action hereir
complained of Is without authority
of law In other words, the Rail
road Commission which had the pow
er to assess railroad property having
been abolished, and no authority t.
assess railroad property having beer
conferred upon the Corporation Com
mission, there is in North Carolin,
no authority to assess railroad prop
erty at all for taxation, and. thi
blunder, (if it be blunder) Is com
mitted by this body of brains which
the railroads in the year 1898 cleo
ted to be the legislature of Nortl
Carolina,
Intentionally" says Simonton
cor accidentally" he does not 50,
which. II it was intentional, Sim
monton says in substance that tn,
Legislature Of 1899 was an aggrega
ton of Pharisees; il accidental, tha
it was . bungle of fools. But it i