The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-01-17

fected the welfare of the whole State.
I'VE See" he continued, from the
adjudication! in other States that the
courts have uniformly declared 1t was
the right of the police power of the State
to see that the people were accommodated
this matter. The bill is for this purpose,
to compel the railroads to furnish greater
conveniences to people travelling.
Mr.. Biggs spoke next. After reading
from the act now in force the clause re-
curing the building of stations where
convenience required it, by the railroad
companies. and stating that those were
the only provisions so far as he knew,
regarding the power of the Corportlon
Commission to regulate stations, Mr.
Biggs proceeded to show that the pro-
posed bill was within the police power of
the State and entirely constitutional
1--WE saw" said he, that We are asking
of the LEGISLATURE a reasonable PROPOSE
ton
MIR. Biggs then read from the Ameri-
can English Encyclopedia of Law upon
the right of. Legislatures to enact such
laws. on D. 81 of volume of the First
Edition. This says in effect that Lcgis-
lature may require railroad companies
Il
station at a point to be determined by
the committee, and a statute to that
effect is constitutional. The case cited
is The City of Woscester VS.. Norwich
Railroad Co. and others, 100 aMssachu-
setts. In that case there were several
railroads entering the city of Worcester,
and the statute said there must be a
union depot erected by one of them, and
one of two places was fixed for it's loca-
tion. The other roads We're then to pay
terminal charges to the one so building.
Chief Justice Chapman, in his opinion
in that case, said that the right reserved
by Legislatures to amend or alter a
charter was for the express purpose of
compelling unwilling corporations to ex-
tend their tracks so as to connect with
other railroads for the convenience of
the public.
1--WE think" said Mr.. Biggs, 'that an
act of this kind is necessary in North
Carolina. This bill does not specify what
depot is to he built, but leaves it in the
discretion of the commission to require
the building OF a union depot in any city,
where It'll needed and is practicable"
Mr.. Miller for the Southern Railway,
next addressed the committee. He said
he would not attempt to argue the ques-
ton from a legal standpoint at all, and
had no idea of discussing whether the
bill was constitutional or not. He would
speak merely on the matter of giving
such power as this to any body of men.
Mr.. Miller then declared that Durham
was written all over the bill, and that it
was a question of the Durham depot.
oIC L hot
Durham were out of the question, these
gentlemen from that city would not be
here. They were not philanthropists. he
said, coming before the Legislature for
the good of the whole State
'Why don't they introduced a bill"
he asked. Saying that union depot
must be built at Durham
1t was too much power, he reiterated,
to prive auy body of men, to force a
partnership, as it were, whether the par
ties to it were willing or not. While the
roads might get together in Durham with
little expense, there were cities in this
State demanding union stations where
it would cost thousands of dollars.
THE Railroad Commissioners, he went
on, however ust they may be, arc not
practical railroad men. They have no
more idea from railroad standpoint, |
how much it costs to build and maintain
a union depot. than, if you will permit
me. Mr.. Chairman, have you.
1T is true that the facilities at Dur
ham are very inadequate, but there are
reasons for that and there is not a gem
tleman here from Durham who is not as
we'll aware of those reasons as l am. They
evade that question. The city of Dur
ham has lent itself to the Seaboard Air
Line. Col. Andrews was reported as say
ing that nothing would be done until the |
Southern got that piece of property that
belongs to them. That was not correct. |
He is perfectly willing to make additions
to the present depot, but when he sends !
his men to make preparations to build
these additions the city says they can |
not put up a wooden structure within |
the fire line. |
Mr.. Miller kept sayink that it was |
Durham all over. He said there was not !
q man present from any other town in !
the State.