The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-02-21
NO EXTENSION Of
A. ( n. c. CHARTER
Railroad Committee Re-
ports Bill UnfavorabIy.
A WARM DEBATE
Mr.. Rowland variousIy Characterized
as Tool Of Rhode Island Trust
and Patriotic Citizen Of
Adopted Tar Heel -
State.

After sitting lasting over two
hours and loaded down with spice of
controversy and discussion delving
down Into the particulars of the days
of .McBee and Finch and the subse-
quent negotiations looking to a lease
of the Atlantic and North Carolina
Railroad, the Senate Committee on
Railroads yesterday afternoon report
ed unfavorably the bill to grant the
"A. and y. c. Railroad perpetual
charter in lieu of the present one
which. originally granted for 80 years
has now about AZ years to run.
There were on hand in the inter-
terests Of the bill Ex-Governor Jarvis
now Of the directorate of the Rowland
Improvement Company. the lessee of
the road, w. c. Monroe, ESQ, at1or-
ney for the A. and \. c., Fred L..
Merritt. of the Rowland Improvement
Company, ex-Judge Womack, repre-
senting private stockholders of the
road, Thee. F. Davidson, ESQ. of
Asheville, attorney for the Rowland
Improvement Company, and Jas. III.
Pou, Esq. of Raleigh, who appeared
FOR no particular interest but as one.
who had been closely identified in The
litigation of the road last summer and
with the subsequent proceedings by
which the lease was effected.
In opposition there WAS n consia
cradle delegation OF gentlemen from
counties in Eastern North Carolina
iraverscd by the road, Including
Messrs Geo. W. Summerell DR.. H.
Tull. r. Il. Lewis. Geo. W. Knott. W.
ID. La Rogue, Jr., u. Edwards, Eli
Oettnger Lovit Hines. T. c. Wooten,
l. r. Varser and Geo. F. Parrot, Of
Kinston. c. f. Foy, Lewis G.. Daniels
and M. dew. Stevenson, from New
Berne. and G.. Y. Richardson, ID. W.
Richardson and Seth West, from
Dover.
1t was contended by the friends Of
the bill that the extension was asked
Il sthe reSlt of an oral agreement made
mt the time Of the signing of the lease
by Governor Aycock that he would
do all in his power to secure an eX-
tension of the charter; TO which the
opponents of the measure replied in
heated terms that any promise which
the Governor might have made could
not properly on in equity bind the
Legislature since the Rowland I'M
provement Company had from the
moment that it went into possession
of the road persistently violated it's
lease agreements, notably in the rails
ing of freight rates from 90 TO 800
per cent above those maintained by
the old management of the road. They
argued that the lease could be opera
tive as at present constituted for only
"a years and that the extension of the
charter of the road would be tanta-
mount to n ratification Of the lease
by the Legislature, which would tie
the hands of the counties concerned,
which own stock in the road, from
availing themselves of any right they
might have to nullify the lease either
Tor non-performance of its covenants
or for reason of contracturaI powers
In the lessons, il being also argued that
the extension if granted would be un-
constitutional as having been male
without the thirty days notice re-
quircd, the form of which is included!
in Il present section OF the Code.
During the course of the extended
argument questions, allegations ami
rctorts of sometimes cutting char
acter flew fast between TN etwo sides
OF the controversy. notably as to mat
tcrs of fact between MeSsrs. Foy, OF
New Bern, and Monroe. the attorney
OF the road. from Goldsboro. ,Ir.
Rowland came in alternately for full
share of abuse from the one party
and praise from the other, at one mo-
ment pictured as the grasping tool of
Il heartless trust at the next as an
adopted son of the State who had ;tc-
quircd a taste for patriotism and char
iiy which amounted almost to q pas
sion.
The meeting would have been NOR.
amusing il IL had convened earlier ana
had the members of the COMMITTEES
not had the Wizard of Or evidently
Reckoning them from the pack Of
the evening. The committee had it.
nerve, albeit it was tritle ner-
nous, however. and gave the speak
ers ample time and the greatest lat
itud e,although severela attempts to
confine the channel of the talk were
Intellectually made by Chairman Foul
shee.
The discussion was opened by Judge
Womack. who stated that he was rep
rescntinf a majority OF the private
stockholders of the A. and y. c. road
referring to his appointment by Gov
crnor Scales years ago as States
proxy, he said that he had never met
such cold reception as he had when
he went down into the section through
which the road ran; that the people
would not tolerate q man who didn't
live on the road and considered his
appointment as an insult to them and
o deprivation of their rights. Anybody
know knew anything about the A.
and y. G. knew how many conflicting
interests there were and how it was
easy to give dissatisfa elton to the peo-
pie along the line. If Mr. Rowland
had escaped criticism he would have
been wonder indeed
Continuing and referring to the liti-
CATION through which the \. and ~
{. had. gone a complicated course
Judge Womack said that it had re-
suited in a way that was most profit
able TO the State as we'll as to the pri-
vato stockholders. During the lease
negotiations he had preserved n mil
die course between the two inter-
csts. AT the time the lease was made.
he said. the question arose as to
whether tho lease could be made for u
longer time than the continuance of
the roads charter; and that while It
was agreed that corporation which
could make a deed in fee ought TO
be able to make II lease. that pro-