The semi-weekly messenger., 1908-01-24

V,,I, State Roads--CSiia Tor Passage
of Prohibition Law-Othcr Matters
Touched Upon.
Raleigh. N. c. January 21.-The leg
isIature of North Carolina convened III
special session today having been call
ed by Governor Glenn TO make
change in the railway rate law nXlns
the rate of fare IA cents mile.
After organizing the following mes
sage was received and read in both
houses.
To the Honorable, the General Assem-
bly, of North Carolina.
Gentlemen:-Under no circumstances
liz it a pleasant duty to convene the
General Assembly in extra session;
still the Constitution, Article III, sec
ton 9, provides that THE Governor
shall have power on extraordinary oc-
casions, by and with the advice of the
Council of State, to convene the Gener-
al Assembly in extra session by his
proclamation, stating therein the pur-
pcses for which they are thus con-
vened.'
To me it seems plain that such an ex-
traordinary occasion has arisen, ana
40. by and with the consent OF the
Council of State, / have felt it r1y
duty to call you together to cons Ter
the question of an adjustment of the
passenger and freight rates charged
by the various railroads doing buSi~
ness as common carriers in the state.
In order that you Elay have proper
understanding OF the present condl-
tiOn of affairs, it will be necessary TO
revert to the past and give a brief his
tory of all matters appertainlng to the
rate controversy from the time of your
last session up to the terms offered by
me as governor and accepted by the
railroads, subject, of course, to your
approval and ratification.
In my message to your honorable
body at your regular session [ used
this language: "I would urge upon
the general assembly to carefully ex-
anime the whole matter Of railroads,
and, while doing everything the law
unjust Determinations, heavy rates and
unnecessary hardships, at the same
time to treat the railroads with perfect
fairness and give them every legal
right which belongs to them. Rail-
roads are the great arteries of COM
merce, and have been the means of
building up our resources as no other
factor, and, therefore, should be looked
upon, not as hostile, but as one of the
states most helpful agencies" | then
recommend a fiat rate of IL cents
per mile for passenger fare and mile
age book of cents; also, that rail-
roads be required to remedy delays of
their trains, have limit set to hours
of service of their employees, keep
their road-beds in good condition and
pay their fair proportion of all taxes,
and then should be protected against
injustice. such as is often practiced
on them by trespasserS and unjust liti-
cation. With what suggestions could
offer, and with the sworn report of
the railroads before you. after a full
and able discussion Of the bill in both
houses, no joint conclusion could be
reached, and a conference committee
had 10 be ordered. This committee
reported a fiat rate of IA cents per
mile, which report was ratified and be-
came the law of the state. After the
law was enacted | tried to induce the
railroads to acquiesce until a fair test
would demonstrate whether the new
rate was cOnfscatOry, or, on account
Some of the railroads at once agreed to
put the law into operation, but others
refused ,and, prior to July 1, 1907,
when the law became operative, went
before a circuit judge of the United
States for the Eastern District Of North
Carolina and obtained temporary in
junction against the corporation COM
mission and encouragement forbid
ding them from putting the law into
effect. At the preliminary hearing,
without finding the rate confiscarory
and not needing the plea made to the
jurisdiction of the court, the circuit
judge continued the injunction to the
final hearing, and ordered the standing
master to take evidence and make a
report as to whether the rate fixed was
confiscatory of the property of the rail-
roads.
On July /, 1907, certain railroads re-
fusing to recognize the rate fixed, a
superior court judge instructed the
grand jury to indict their agents for
selling tickets at higher rate than
that fixed by the statute Feeling it