The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-04
TO GIVE FREE PASSES TO ALL
STATE OFFICERS.

a Dill Is peHdihS III pue senate TO COM
pei all railroads in the State to give
free passes on their lines to all Supreme
and Superior Court Judges and to all
Executive officers. It is recited in the
bill that this shall be required as an
additional privilege tax.
The bill, even if it were wise and just,
is clearly unconstitutional. The State
cannot impose tax on railroad unless
the tax goes into the State Treasury.
This question has been raised in other
states and every court, where the ques-
ton has been presented, has held that
it is a tax upon one person, which tax is
put, not in the public treasury, but into
the pockets of another citizen, and Is.
therefore, unconstitutional
If the bill should pass requiring rail-
reads to give passes to public officers,
it would be valid only as a permission
to railroads to grant free passes when
would be otherwise forbidden by law.
The railroads would not send the pass
to any public officer unless he made the
personal request If the road sent passes
to those public officials to whom it de-
sired to extend a courtesy, and refused
to give passes to those public officials
not in its good graces, the penalty could
not be enforced. Therefore, the law
would be equivalent merely to going
back to the old system which was so
abused that the Legislature passed an
act forbidding public officials to accept
free passes. And that would degenerate
into the old evil which the Legislature
sought to remedy when it voted $3.50 an
nually to every Judge to pay his travel
ling expenses. If this bill passes and
Judge accepts free pass he could
not draw the $3.50 now paid him for
travelling expenses.
IN the Constitution of New York it is
expressly provided that not only shall
no public officer accept a free pass, but
if any public officer does accept a free
pass IL WoEhSs 90 4HsteAlcis d NJ =
fixture of his office This law has been
sustained in New York, even as to a
Notary Public. There is the same pro-
vision in the Constitution of Virginia
adopted last year
Instead of letting down the bars, it
would be better to strengthen our anti
cree pass law Our law is defective in
this: that, while forbidding free passes
it does not make acceptance Of a free
pass work the forfeiture of an office
Thus we see members of the General
Assembly Solicitors and other office
holders taking free passes as attorneys
or agents of railroads. some real and
some nominal, and riding on them while
legislating or prosecuting.
Practically the only ofice-holders, who
are forced by their position to refuse
free passes, are the Judges who cannot
accept them because in their judicial
positions they cannot be employed as
agents or attorneys of railroads and the
highest State officers.
The argument in favor Of the law is a
plausible one, that appeals to good men.
The salaries of our Supreme and Superior
court judges are not large, the
expense of Superior court judges on
the circuits are heavy and the officer
must practice rigid economy to live if
he has no income outside Of his salary
That is a good argument for increasing
the salaries of the Judges when it can
be done, but the condition of the Treas
ury does not now warrant any increase.
Free passes do not buy many men, but
they are mighty agencies to keep their
recipients on the fence in any legisla-
ton affecting railroads. Human nature
is human nature Men who receive
courtesies are all influenced by them,
more or less. Some are so resolved not
to be influenced that they lean back
wards in their determination to stand
erect.