The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-02-25
Az. NC. Charter Exten-
sion Unconstitutional.
A LEGAL ARGUME TENT
Lawyers Speak on the Question o.
Whether Quasi Public Corpora
ton in Which State is Interest
ed is Created BY Private or
Public Law.

The question of the extension of the
Atlantic and North Carolina Railroad
charter had another inning before the
day, having been. re-considered, and
met with the same fate as before in
an unfavorabe report by large ma
jority of the committee.
AS will be remembered the bill was
re-refcrred solely for the purpose of
hearing more fully from attorneys on
the question of the conStitutiOnality
OF extending the charter in the alb
sence of the notice required by section
IL of article of that instrument and
as specified in the. code section set
ting out the manner Of making notice
when il is desired TO charter or amend
the charter Of 4 private corporation.
Yesterdays hearing differed ma
terially from that formerly held in
that all the speakers used Commend
able care in combining themselves to
q discussion of the naked legal ques-
ton involved
There spoke for the bill. Messrs. W.
G. Munroe and Theo. r. Davidson
and against il Messrs. W. w. Clark.
l.. +. Narser and r. G. Wooten, the
full argument consuming an hour to
q side.
The contentious were, on the part
of the advocates of the bill, that the
company was not such a private COR
pOration' as that contemplated either
i'm the constitution or the code and
that. if it was, the paragraph in the
message of Governor AycOck the
agreement by him and the wide pub
LEGATION OF the fact that an extension
Of the charter would be requested
was a practical if not technical
compliance with the provisions Of
constitution and Code.
TO this it was replied by the oppon-
ents of the bill that. while it was adj
United that the act if passed would
be binding under Supreme court de-
cisiOns holding that the court would
not look ordinarily behind the ratiti-
cation of an act, presuming that the
legal incidents necessary To it's pass
age had been complied with. at the
same time the provision of the con-
stitution with respect TO notice was
one that was mandatory as TO the
formalitieS thrown about private acts
and that il would do violence to the
conscience Of the Legislature to pass
an act when il had been put on no
tice that the requirements of the con-
Stitution and the law had not been
complied with. The opposition scout
ed the idea that the Atlantic and
North Carolina road was a public
corporation cOntending that the
mere fact OF its having with other
railroads quasi public functions. could
not be logically taken as an argument
thai fro-l that incident the act Gre
ating it was of a public rather than
a private character.
Al the conclusion of the argument,
the committee went into executive
session and after further consideration
agreed to an Unfavorable report on
the bill by vote of seven to three.
Mr.. Mtmroe Speaks.
Senator Aaron stated at the begin
ming of the session that the bill had
been introduced b. himself and met
with his unqualified approval as hav-
ing the endorsement of the Governor
of the State at the time of the MAX
ing of the lease.
AT whose request did you intro
duce the bill?" instantly queried Mr..
Wooten.
AT Mr.. Munroe's," was the reply.
Here Mr. MunrOe, who has been
heretofore referred to in regard to the
bill arose and stated that he regretted
the injection of anything like a per-
sonal discussion in the consideration