The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-01-31
Southern Railway Tries
for a Rider.
Continued from First Page.)

did rot give too much power to the Com
mission. Durham did not ask the Leg
islature to pass a law to have a union
depot built for it, but it was general
State law that was asked for, one that
would provide a tribunal to which people
might papeal for a redress OF their
wrongs.
The other side Of the question was
presented at length by Mr.. Henry w.
Miller, of the Southern Railway. He
said he was sorry to be the only repre-
sentative of the railroads present, but
that an Atlantic Coast Line representa-
tive could not be here and the Seaboard
Air Line was not represented for rea-
son which he would state later.
He argued that the bill gave too much
power, that it should have some strings
to it and not be wide open at the top.
He denied that the authority given the
Corporation Commission to make frelgh5
and passenger rates and order Cepots
built was a precedent for giving them
power to have roads go into partnership
III building union depots, and then en-
tered complaint of the short time he
had been given to talk against the bill
Of 1899.
He was not a lawyer, he'informed the
committee, but he quoted number OF
cases to point out the law. He named
a number Of large cities without union
Gcpots and some with them, saying they
were not always needed. The bill gave
too much power to three men, he said.
Then Mr.. Miller took up great deal
of time by going into a detailed history
of the troubles of the Southern Railway
about the right of way in Durham, say
ing that his road had been unjustly
dealt with, while all the other roads
were made vets of. He said the other
roads were willing for a union depot
there for it would be on Southern prop
erty. He talked with might and mean
about Durham, and litigation and such
topics, claiming at the same time that
he was not trying to befog the issue.
He declared the Southern was prepar-
ed to build a depot for itself, but did
not want to be forced into going into
partnership with parties it did not wish
to. After awhile, said he, they will want
TO make us have joint freight depots.
He anticipated the argument of MI.
Biggs and said the Worcester union de-
pot case did not apply, and then urged
report the bill and give the Corporation
Commission power with no top on it
Here he produced the amendments he had
drawn and presented these to the com
mittee.
Mr.. ]. Crawford Biggs spoke for tn:
bill He took up the legal points Of the
case, and quoted many authorities to
show that the powers it conferred on the
Corporation Commission We're not extra
ordinary, but We're simply in line with
those already given. The proposed act
he held was simply giving just powers to
remedy grievances, and not leaving these
in the hands Of the railroads.
The bill, he declared. was general and
was not alone for Tdrham. He said that
the bill was not a dangerous one, as Mr..
Miller declared. for that if so all the
railroads in the State would be repre-
scented, but that the Southern alone
seemed to fear danger.
1t was conditions which started all
bills and the conditions in Durham were
such as to demand action. A bill which
might give relief to it, would aid every
town in a similar condition. AS to the
amendments submitted, he declared these
were not needed. That the union depot
matter was left to the discretion of the
Corporation Commission, before whom a
case would have to be made out in order
to get a union depot. The entire argu-
ment of Mr.. Biggs was q strong one.
Mr.. Miller spoke again He denied that
eve" had ever said Eve" would not build
because Eve" had lost the Morton case
and could not get justice before Durham
jurles. This statement he attributed to
newspapers and 1--WE can not always rely
on what newspapers say" he remarked
Here he was interrupted. Mr.. H. T..
Seaman said: " Arailroad man made the
statement about the jury" II would like
to know his name" said Mr.. Miller. "He
is not connected with the executive de-
partment," said Mr.. Seaman, and then
Mr., Miller said that such reports should
not be credited.
Then those were questions and an
swers, the committee asking if build
ing by the Southern woull suit Durham.
They We're told no, but that union
depot was wanted Mr.. Miller said that
the Seaboard Air Line Was lsing the
Southern depot, BAT Mr.. Slater at tnce
declared that Durh I'm hal no DEPICTS.
In replying to the charge that the Sea-
board Air Line was not taking part in
the opposition to the bill Mr.. Miller read
two kilograms from them. The first on
the seventeenth said that a Seaboard Air
Line representative would be in Raleigh
to take part in the hearing. The second,
two days later, said that no contest
would be made, though it considered the
Fuller bill dangerous, but thought the
only way to stop 1t would be to build a
union depot in Durham. This, it sug-
gested. would cause the withdrawal of
the bill.
During his remarks Mr.. Miller said the
Seaboard Air Line had gained business
in Durham while the Southern had lost
because of its position in the depot mat
ter.