The Caucasian. (Clinton, N.C.) 188?-1913, 1906-10-25

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primarily to secure a just and uniform
rate OF railroad taxation, yet the scope /
of its powers could from time TO time /
be indefinitely extended, so az ultimate /
ly to include, If deemed advisable. all /
the vexed questions Of railroad con.
troll" A printed copy of this letter |
was sent to every member of the Iegis- |
lature. at that time we had no rail |
road or corporation commission.
In September, 1888, nearly thirteen
years ago, delivered an address in Chi
eago upon Trade Combinations and
Strikes in which I advocated strict
governmental supervision of quasi pub
lie corporations and trusts. This was
also published. Want of space prevents
any extended quotations; but the fol-
lowing brief extracts will give some
idea of its tenor: $50 far from aboI-
ishing corporations, / wish to add to
their usefulness and stability by con-
trolling their dangerous powers and cor
recting their acknowledged abuses" q
"This fictitious capitalization is not
only fraud upon the investing public,
but furnishes the strongest inducement
and most plausible excuse for oppres-
sion and extortion. Rates are raised
Industries, while wages are cut down
to the point of starvation"
"All corporate privileges should be held
at the will of the sovereign grantor."
Each state should have a de-
partment or bureau Of corporations,
with visitorial powers, to which all cor
porations should report at stated
times''
"Treat all alike and require from
all strict observance of the law.
Trade combination and strikes are not
private affairs concerning only employer
and employed; but usually injuriously
affect large number of innocent peo-
pie, and become public nuisances of the
highest order" "The investi-
CATION should extend not simply to
overt acts, but to all causes of COM
plant, including the rates of wages;
whether paid promptly and in cash or
orders; the hours of labor; whether the
employees live in houses belonging to
the company, and if so whether the rem
tai is fair, so as to determine whether
on the whole the employees receive suf
~fcient remuneration for their labor.
Wages apparently fair can easily be
largely reabsorbed by high rentals and
store accounts, where the store and ten
ant houses belong to the company"
FThe dividend declared upon the
stock does not always show the actual
profits, as large amounts may be car
ried to the surplus fund, expended in
improvements or paid to the principal
owners in the shape of salaries.'
"Such an inquiry, besides enabling
legislators to provide suitable remedies,
would be of incalculable benefit by serv
ing to mold just public opinion, which
by it's mere moral weight would bear
down the offending party
"Hence so many remedial laws, plausi-
BILE upon their face, are found singular
ly defective in practical operation.
Trusts and corporations employ the alb
lest lawyers to be found, and those
who seek remedial legislation should
have their bills drafted by men equally
skillful" "The poor farmer
blowing a brindle steer upon barren
hillside pays taxes upon his steer as
well as upon his own head. He has
fair cause for complaint if the railroad
magnate, rolling by in his private car,
shirks any part of the just burdens of
government"
For eight years was an associate JUS
tice of the supreme court, and upon the
expiration of my term, I felt that had
fulfilled my pledge, and returned to the
people the great Office they had given
me unimpaired in it's integrity, it's dig
nifty or it's power. My opinions are pub
lie records and speak for themselves. 1t
is needless to say that they were the
results of sincere conviction, and deliv-
cred at time when I had no personal
benefit to gain by their expression. One
of them has recently been much dis
cussed. Mr.. Jacob A. Long, who re-
ceived large vote for corporation COM
missioner in the last Democratic con-
vention, says that my dissenting opin-
ion in Jackson VS.. Corporation Commits
sion, 100 North Carolina, 404, would
have saved the state 100000 in taxes
if it had been adopted by the court.
The keynote of that opinion was that
the people and the railroads should be
placed on an equality as to taxation.
The land of the people is assessed every
four years; therefore the real estate
of the railroads should be assessed every
four years. The personal property of
the people is assessed every year, there
fore the personal property of the rail
roads should be assessed every year. [
saw no reason why the railroads alone
should be relieved from personal taxes
for two years, thus throwing an addi-
tional burden upon the people. I am not
rejecting in the slightest degree upon
anyone; but am simply explaining my
own position.
Another case of far-reaching impor-
lance was Greenlee VS.. Railroad, 1872
North Carolina, OFT, in which it was
held by divided court that the rail-
roads owed a legal duty to their en-
ployees of providing self-couplers on all
freight and passenger trains; and that
their failure to do so was negligence