Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1908-01-23
(Special to the ARGus)

Raleigh, Jan. 21-The following is
the full text Of Gov. Glenn's message
read before both branches of the
LEGISLATURE convened here in extra
ordinary session today.
To the Honorable, the General Assem-
bly, of North Carolina:
Gentlemen: - Under no circum-
stances is it a pleasant duty to con-
vene the General Assembly in extra
session; still the Constitution, Article
III, section 8, provides that 'The Gov
ernor shall have power on extraordi-
nary occasions, by and with the ad-
vice of the Council of State, to con-
yene the General Assembly in extra
session by his proclamation, stating
therein the purpose or purposes Tor
which they are thus convened.
To me it seems plain that such an
extraordinary occasion has arisen, and
so, by and with the consent of the
Council of State, 1 have felt it nay
duty to call you together to consider
the question of an adjustment OF the
passenger and freight rates charged
ness as common carriers in the State.
In order that you may have proper
understanding of the present condition
of affairs, it will be necessary to re
vert to the past and give a brief his
tory Of all matters appertaln1ng to
the rate controversy from the time tof
your last session up to the terms Of
fered 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 l used
this language: 81 would urge upon the
General Assembly to carefully exam
Inc the Whole matter of railroads, and,
while doing everything the law allows
in protecting the people against unjust
Determinations, heavy rates and IN
necessary 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 look
ed upon, not as hostile, but as one OF
the States most helpful agencies l
then recommended a fat rate of 21a
cents per mile for passenger fare and
a mileage book of 2 cents; also, that
railroads be required to remedy delays
of their trains, have a 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 litigation. With what sugges-
tions l 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. to be ordered. This
committee reported fat rate OF IA
cents per mile, which report was rati-
fed and became the law of the State.
After the law was enacted l tried to
induce the railroads to acQuieSe
until a fair test would demonstrate
whether the new rate was confiscatory
or, on accoun of increased travel, was
remunerative. Some of the railroads
at once agreed to put the law into
OD0TdIlOu, UuI OLAC1S lOAuoOo, c1ho
prior to July 1, 1907, when the law
became operative, went before Cir
cult Judge of the United States for
the Eastern District of North Carolina
and obtained a temporary Injunction
against the Corporation Commission
and Attorney General, forbidding them
from putting the law into effect. At
the preliminary hearing, without find
ing the rate conf1scatory, and not heed
ing the plea made to the jurisdiction
of the court, the Circuit Judge con-
tinued the Injunction to the final hear
ing, and ordered the Standing Master
to take evidence and make report
as to whether the rate fixed was con-
fiscatory of the property Of the rail-
roads.
On July 1, 1907, certain railroads
refusing to recognize the rate fixed, a
Superior Court Judge instructed the
grand jury to indict their agents for
selling tickets at a higher rate than
that fixed by the Statute. Feeling it
my sworn duty to uphold the law
passed by your honorable body. re-