The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-05-27


able to secure fuel from private par
ties. President Bryan bought for the
company quite a large creag OF
standing timber. In order to secure
a supply OF fuel for the future. Quite
a lot OF this timber is situated on the
Atlantic Coast Line. ten to thirty
miles mil s,, from felds6oro: In order to
pany entered into a contract with one
Mr.. Overman to cut the wood from
the company's n deliver 1t In
Goldsboro over the Atlantic Coast
Iii track at $2.25 per cord, credit to
be taken by the company for the
standing wood at 25 cents per cord.
This has not been a profitable ar
rangement for the company. In view
of the higher cost of wood, the diff
Guilty OF securing a regular supply by
reason OF the scarcity Of cars and the
necessity OF advancing money to the
contractor before the wood Is deliv-
cred to the company at Goldsboro. a
proceeding prohibited alike by the
charter Of the company and good
business judgment. Wood standing
upo land contiguous to its own road
woul ave been better bought even
at so cents per cord. as at least this
sum has been required In freights
to reach the rails of h Atlantic and
North Carolina railroad. h timber
land several miles from its own tracks
should not have been bought. Meth
er should the advances have been
made to the contractor nor to n
other person.
The company also bought a quantity
Of standing timber along its own
track east Of Dover. 1t entered into
a contract with one Ives to cut the
wood from this land. agreeing to pay
him $500 per cord and retaining %
cents per cord for the standing wood.
-
account of the scarcity Of labor Ives
hired fifty convicts from the states
prison, and the railroad company adj
nee him the money to get to work;
built quarters for him, and advanced
money to meet his pay-rolls during
the bad weather which prevailed at
the beginning of his operations. It is
clear that the company has not the
| authority to make such advances. and
1t is charged that there was no neces-
sity to do so. The company stood
ready to enter into a contract to pay
SITS net to have their own wood cut
and put on the road. 1t is clear that
a contractor had at least a chance to
make a profit on his operations. and
1t would seem that he should also
have assumed whatever of chance
there may have been of loss, on ac-
count of bad weather and other like
causes. 1t Is alleged hat many per-
sons with sufficient near to equip
themselves for the work., without
asking or requiring advances from
the company, would have been glad
to have the contract If it had been
known that such a contract was to be
let. In all deals which hold out the
hope of profit there is also a chance
for loss, and 1t seems to us hat it
was unbusinesslike and unwise for the
"a to let such a contract as this, in
l Vn1vinO aS ~ dnpc 42n nm m % RI n
contractor who was unable by reason
of insolvency, to assume the risk of
loss which attends every business
transaction of this nature. If it
should prove profitable the profit goes
to the contractor; if loss resulted it
pany, since the contractor had nothing
to lose. Besides, the was
behind him and advancing money. as
he needed it, thus assuming all risk
of loss.
1t has been noticed that wood for fuel
costs the company $500 and 1925 per
cord delivered on the roadside between
New Bern and Goldsboro. The prices
| paid east of New Bern are S1.75 OF
racks and $1.65 piled beside the track.
| The facts brought out in the evidence
in. reference to wood contracts in the
vicinity of Croatan and Havelock, are
such as to compel the conclusion thai
MIR. Bryan has used the authority con-
nected with the official position he oc-
cupies for the purpose Of effecting and
increasing sales of wood to the COM
pany from his own land, situated al
and near HaVelock. He owns a very
large quantity OF wooded land, sixty
thousand acres, it is said, situated
on both sides of the railroad and ex-
tending from the creek just west Of
Havelock eastwardly to the Pocosir
crossing, a distance of something like
three and a half or four miles. Upon
this land at a point just east of Have
lock, there are extensive wood racks
These racks are and have been served
by one Mr.. Rocks, who receives from
the company s1.75 for wood delivered
in the rack. Of this sun he pays Mr.
Bryan So cents per cord for the stand
ing wood. Two miles west OF the creek
at HayelOck, the western boundary OF
Mr.. Bryan's land, there is a wood rack
owned and run by another person, and
situated upon his own land. Two miles
further west, and four miles from MI
Bryan's land there is still another rack
Passenger trains are required to take
roc from racks, Gas distinguished
from taking it from the groundl in or
der to save time. The three places
mentioned above are the only wood
stations between New Bern n More
head, therefore all the wood taken be-
tween these points by passenger trains
had to come from one OF these three
stations.
In the spring of 1902 an order signed
by s. L. Dill, superintendent, was is
sue to all engineers requiring them t
get all the WOO they used between
New Bern and Morehead from the racks
between the creek at Haveiock and tbs
Pocosin crossing. 1t will be noticed
that the boundaries mentioned in this
order between which wood shall be
taken are also the boundaries OF Mr.
Bryan's land. and the only wood sta
ton left open by this order is the one
supplied by Rock with wood cut from
this land. At the time this order was
issued the company was paying $1.3;
to s1.40 for wood east Of New Bern.
Il IS shown by the testimony that
| Rocks, wood was inferior in leu2th