The French Broad hustler. [volume] (Hendersonville, N.C.) 1896-1912, 1908-01-23
THE GOVERNORS MESSAGE
Recommendations to Extra Session of
The Legislature

while not wishing to mulct the rail-
roads with costs or needIessly impris-
on their agents, simply to compel
them, the creatures, to recognize that
the State, the creator, was sovereign
and supreme and its laws had to be
obeyed until some competent court
declared that said law was unconsti-
tutienal and therefore void.
The equity suit and criminal pro-
ceedings moved very slowly, and, fin
ally a crisis having come upon the
J country, several efforts were made to
settle all disputes and produce. har-
mony between the State and the rail-
roads.
Terms Offered.
Finally I suggested the following
terms as an equitable adjustment Of
the entire matter; subject, of course,
to your approval:
The changing of the fiat interstate
rate of 2 IA cents per mile to a fiat
interstate rate of 2 1-2 cents per
mile; fifteen cents to be charged extra
for persons boarding trains without
tickets when tickets could be obtain
ed in a reasonable time before de-
parture of train, and the repeating of
the penalty and misdemeanor clauses
in the act of 1907; this, however, only
to be done when the railroads operat-
ing In the State-except those ex-
empt by law-agreed on their part to
a reduction of the present interstate
rate of 8 and 3 IA cents per mile to
a 2 1-2-eent rate, thus making inter
state and interstate rates uniform /;
also, the railroads to issue a mileage
book of 1000 miles for heads of firms
and employees, not exceeding FIVE
persons, names to be entered at time
of purchase, said books to be inter-
changeable on all solvent roads and
interstate and interstate at 2 cents
per mile; also, an individual mileage
book of 1000 miles, interchangeable,
interstate and tntrastate, for 2 cents
per mile; alsoy a family mileage book
for heads of families and dependent
members of family, names to be en-
tered at time of purchase, intrastate,
and not interchangeable, for 2 cents
per mile also, the railroads to pay an
amount not exceeding $17,500 with
which to pay the States costs in the
various suits.
The railroads agreed to these de-
mands, except the payment of the
money and the 5OO-mileage book for
2 cents. They claimed it was impos-
sible for them to operate with such a
mileage book, as it would practically
put the State on a 2-cent fiat rate,
and that they should not be required
to furnish a book of 500 miles at as
low a rate as books of larger mileage.
Not being able, therefore, to get this
reduction, and seeing some force in
their contention, it was agreed that
the family mileage book should be
fixed at 2 Ia cents per mile and that
the railroads would pay the State
$17,500, to be applied as the State
thought proper. The usual require
ments as to time of redeeming books
were to be observed and enforced. II
was also agreed that, if, after a
reasonable time, to-wit, twelve
months, it should be ascertained that
the rate thus agreed upon was Excess
sive on the one hand or c~onfiscatory'
on the other, upon application, the
Corporation Commission should have
the power, after a full and fair hear
/ ing, to raise or lower the rate fixed,
subject to an appeal to the courts.
Some seem to object to the require
ment that the railroad pay the som
of ST., 500, but / believe this objec-
ton comes from the fact that the pro-
position is not understood, and they
believe this amount is to help defray
the costs of converting the Legisla-
ture- I demanded this money for
these reasons: I did not believe the
rate passed by your body vas confis-
catory. I felt a wrong was commit
ted by the railroads in bringing their
suits before giving the rate a fair
test. When the railroads got their
injunction they not only had the Cor
poration Commission, the Attorney
General and Assistant Attorney-Gen-
/ CIdI 0uJO1HCU1 UuJ dloO thO oILOALOyo
employed by the Corporation Com
mission; hence, when the railroads re-
fused to obey the law, not being able
to get the services of these attorneys.
I had to employ others, thus entailing
more costs, and, therefore, the rail
roads, by their suits and acts, having
put this extra cost on the State, I felt
in the settlement, they should pay it.
If, however, your honorable body
does not agree with me, and think
the State and not the railroads should
pay this cost, it is for you and not
for me to decide.
In order that in the future both
the State and the railroads should
know their respective legal rights in
dealing with each other, and believ-
ing that the Minnesota case and the
habeas corpus case from Asheville
now pending in the Supreme Court of
the United States would definitely
settle and define the respective rights
of all parties, it was agreed that, even
if your honorable body accepted and
approved the agreement, the case in
the Supreme Court should not be af-
fected thereby, but should proceed to
L n