The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-18


actually contained one clearly stated
proposition, and only one, viz: that this
act shall not apply to the lumber inter-
ests of the State. Why this great indus
try more easily controlled by monopolies
and conspiracies than any other in the
State for obvious reasons and more i'm
portant to Eastern North Carolina than
any other should have been left to fight
it's battle in this contentious financial
world unaided and alone without any
shield from the law-why it should be
singled out as worthy to be preyed on by
Promethian outlaws with all its great
benefit to the people, | could not under
stand and in twenty minutes / prepared
at my desk bill to amend the act by
striking it out and letting the act apply
to the lumber industry.
Il found more and more weakness and
ambiguity in the historic act of "99 as l
examined it further. l found that every
railroad in. the State could come together
and fix their transportation rates and
rely on Simonton to enforce or protect
them. l found that although the act was
to he enforced on the criminal side of the
docket there wasn't solicitor in the
State who even knew how to draw bill
under it and openly admitted it.
Il tried to investigate the effects of
the antitrust acts in the various States,
and found what l believe every lawyer
will admit, that Texas had accomplished
mere good and less harm than any other
State--indeed has the honor of being the
only State in the Union that has solved
the question by legislation. This is dem
onstrable in numerous ways. 1t is a
simple act-easily understood and broad
and comprehensive in its scope. 1t, UNI
like any other / have found, among a
great many is enforceable on the civil
docket where the defendants, their agents
CO. conspiratoTs and the whole gang can
be put on the stand and made TO dis
gorge all that professional examination
can reach. l therefore. decided that in
the light of the oftrepeated and emphatic
pronuncia mentos of Democratic platforms
and the solemn promises of it's orators
and the grounds upon which the National
campaign was waged--I concluded that it
would not be out OF order for me, beliey-
ing in these principles and platforms
and trusting always to Democratic sin
certify, to ask this Legislature as one Of
it's members TO protect the people of the
State as they certainly can do very easily
against this ever increasing evil. ! am
not pursuing shadows. | am not on 9
will o. the wisp chase, | am not after
a bag of money at the end of the rain
bow. l know but little of the grievance
of the tobacco farmer and claim but lit
tie capacity for diagnosing, much less for
treating his case. know he is suf-
fering severely and from wrong causes
and l suspect the pain proceeds from
somewhere in the vicinity of Durham.
know farther. at least / believe, and |
meekly and conscientiously submit to this
legislature. that it can be removed.
Apply this trust plaster from the State
of Texas and it will cure. 1t has cured
there and will here. 1t will do the other
unaffected parts of the body polite no
harm. No use, my trust lobbying friend,
who won't disclose your client nor tell
the truth about il when asked-no use
to howl calamity. Texas is the biggest
and the thriftiest State in the South. Her
commercial and industrial advancement
has been phenomenal. and you know it,
since Rockefeller was run out with his
Vaccinations against open COM
petition in trade and traffic and since the
American Tobacco Company has had its
representatives cleaned out from that
State, horse-foot and dragon like fugi-
tives from justice. This law will hurt no
legitimate industry here as it has not
there. 1t has had the fullest and most
thorough judicial construction in the
celebrated cases of Campbell VS. Cook Sc
Tex, 634; Ry. Co VS. Mackey, 127 U. S.
209 Ry. Co. VS. Matthews, 165 U. S. %,
and Waters Pierce Oil Co VS.. State, de-
cided March 8, 1898, by Court of Civil APP
pals of Texas in an opinion of ten or
twelve pages where all the authorities
are reviewed and in which the act is
most thoroughly considered in almost
every possible phase. | wish the people
of this State could read that opinion.
This Legislature would hear from them
with some righteousness as well as in
dignation in their demands, and before
these, if they proceed from home the
lobbyist, the lawyers before committees
with uncomfortable clientage stands
poor chance. IN the last case referred to
the hackneyed ground was taken that the
act illegally infringed upon the liberty of
the citizen and imposed restraints upon
the right of contract and so ad infinitem
ad absurdum, but so gracefully and so
unreservedly does the court sweep this
argument before it that / am sorry now
for the counsel who made the argument,
although know he knew better and
have never seen him. The broad and
comprehensive doctrine of sic utere tue
ut aliemum non ladas' is laid over the
principle like a coffin lid over the body
of the dead. There is one proposition
wish to quote: THE domestic welfare of
the people of this State is within the
keeping of its legislatures; they are sup
posed TO best know their wants and ne
cessities and the policy that shall govern
its internal affairs, and the remedies
needful in the presence of this policy,
and that are necessary in order to extin-
guish or prevent evil and harmful condi-
tions affecting the general interest and
the public welfare. These are matters
political and relate to the economic affairs
of government and are peculiarly within
the power of the aw-making department
thereof The remedies therefore, lie with
in the legislative province and are con-
ided to their wisdom and discretion.
1.-The old favorite much loved fourteenth
is taken up and disposed of.
The feature of preference to agricultural
products and labor organizations is ably
and gracefully substantiated 1t is shown
that the law which is the result of actual