The Caucasian. (Clinton, N.C.) 188?-1913, 1908-01-23
THE GOVERNORS MESSAGE
Recommendations to Extra Session of
The legislature

and employees of the railroads, or
their higher officials, thus openly
acting IN defiance OF law In thai
letter [ recommended that onlT
enough indictments be made to test
the validity Of the law in all phases,
and not needlessly to harass the rail-
roads.
Several railroad agents were indict-
ed, convicted and sentenced, when
the United States Court, not waiting
for the defendants to appeal in the
orderly way to the higher courts,
again interfered, and by writ of ha-
beas corpus discharged the defend
ants from the custody of the State
officers. For a while a conflict be-
tween the Federal and State autbor1-
ties seemed imminent, but coclness
on both sides was exercised, and it
was agreed that the railroads should
recognize and obey the law, pending
the test of its constitutionality, and
that the equity suit, indictment and
habeas corpus proceedings should be
prosecuted to speedy conclusion. In
taking steps to uphold the law enact
ed by the General Assembly only one
motive actuated me, and that was,
while not wishing to mulct the rail-
roads with costs or needlessly 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-
tutional and therefore void.
The equity suit and criminal pro-
ceedings moved very slowly, and, fin
ally a crisis having come upon the
! country, several efforts were made to
settle all disputes and produce har-
mony between the State and the rail
roads.
Terms Offered.
Finally 1 suggested the following
terms as an equitable adjustment of
the entire matter, subject, of course,
to your approval:
The changing of the fiat intrastate
rate of 2 IA cents per mile to a flat
intrastate rate of 2 1-2 cents per
mile; fifteen cents to be charged extra
for persons boarding trains without
i tickets when tickets could be obtain
ed in 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
q reduction Of the present interstate
rate of 3 and 3 IA cents per mile tc
a , 1-2-cent rate, thus making inter
state and intrastate 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 anC
interstate and intrastate at 2 cents
per mile; also, an individual mileage
book of 1000 miles, interchangeable
interstate and tntrastate, for 2 cents
per mile; also,, family mileage booE
for heads Of families and dependent
members of family, names to be en-
tered at time Of purchase, intrastate
and not interchangeable, for cent:
per mile also, the railroads to pay al
amount not exceeding $17,500 will
which to pay the States costs in thu
various suits.
The railroads agreed to these de
mands, except the payment Of th'
money and the 500-mileage book fo
| 2 cents. They claimed it was impos
sible for them to operate with such
mileage book, as it would PRACTICAL,
put the State on a 2-cent fat rate
and that they should not be required
to furnish book Of 500 miles at a
low rate as books of larger mileage
Not being able, therefore, to get thi
reduction, and seeing some force il
their contention, it was agreed tha
the family mileage book should b
fixed at 2 IA cents per mile and tha
the railroads would pay the Stat
81 500, to be applied as the Stat
thought proper. The usual require
ments as to time Of redeeming book
; were to be observed and enforced.
was also agreed that, if, after
reasonable time, to-wit, twelv
months, it should be ascertained tha
the rate thus agreed upon was exces
sive on the one hand or confscator
on the other, upon application, tn
, Corporation Commission should hav
the power, after full and fair hear
5 ing, to raise or lower the rate fixed
subject to an appeal to the courts.
Some seem to object to the require
3 ment that the railroad pay the so1
, of $17,500, but I believe this objec
: tion comes from the fact that the pre-
, position is not understood, and the
> believe this amount is to help defra
: the costs of convening the Legisls
) ture. I demanded this money fo