1TO QCtQ^f B 1 The Charlotte News Publiihcd Dally and Sunday by THB NEWi PUBLISHING CO. W. C. Dow*. Pr«»ld*»t aad G«s. Mgr- City Editor BuBlnecs Offlc* •Job Offlca ITT U» 1SS9 J. a PATTOS Editor. A. W. CALDWELL City Editor. A. W. BURCH Advertising Ugr. •UBSCRIPnON RATB8 Thr Charlotte News. Dally and Suaday. Ona yeiir 14.00 C)lx montHa 3.00 ’]|ir«e moctha One. month * One week Sunday Only One year Six months Xturea montlui Tt*fee-Demoeret. Aeal* Weekly. One year *^22 Six months Three montbi AaaovaeeiaeBt. The attention of the public le re* »p»otfulIy invited to the lollowrlng: In future. Obituary Notice*, In eM- nscrlatn Sk^tchee. Cards of Thanks, oominunjcution? “ipousinif tne cause of • tr!vJit« entorpriBe of a political c«n'idat« and llkr matter, will be cRuriced for at th^ rate of ttve cents o ll-fk There will bi» no deviation from tbit rule. SUNDAY MORNING, OCT. 16, 1911. A MAYOR WHO COUNTS. The average mayor of a city has a Boft, though perhaps, boring time. OccasioDally. in a career of several terms, he has an opportunity ♦o veto an ordinance, just to see that his pen atill writes, and there hlB authority begins and ends. His task usually is to act as social go between He must theoretically turn the key of the city over to visiting conventions. He must eloquently por tray the city's history—if it has any —and dwell feelingly upon its “past achie^ement8” and “future possible ties.” Unless he thrills visitors witn tne notion that his city is the head quarters of progress and the open ing gate to all that is to be, he is likely to be fired. He must appear .nc Sunday school picnics and tell the children jokes. He must also ride in the landau with the gover nor—if His Excellency happens to be passing during his term of office In fact the mayor of the average clt> is about as important to the city as the groom is to the wedding- He is a kind of municipal ornament V nich would be missed in the scenic effect were it absent, but which is r'arcely noticed in its little niche The same thing is true of the bride groom. He Is but an unnoticed, yet necessary fixture in the general fccheme of matrimony. This is the ordinary mayor we are Bpeaking off—the one who meets in coming trains of boosters and lets the procession into the big show. Indianapolis, however, has one of nn entirely different stripe. His r«?ne Is Shank, but he is not to be imed for that. Mr. Shank, tired of acting as a sort of social ointment upon the body politic and decided to get down into the real scramble of life During his reign middlemen got together and forced up prices on farm produce and other edibles en joyed by the populace under his t.heoretlcal charge. This was not to liking. He decided to revolt. He something crooked in this kind c' a deal, and it was but a short time until the mayor of Indianapolis developed into a produce buyer. He permited visitors to go unwelcomed. The tale of the potato had to be solved. Mr. Shank found that he could buy potatoes at 65 cents per bushel, and this is what he did— bought them in large quantities, and big gobs, and sold them to his charge at cost. Of course middlemandom rose up in revolt, but there were no feathers on this Shank and the may or let them understand that so long BS he was head of Indianapolis his foster children should pay no more Xor potatoes than potatoes were Morth. Mr. Sbaak thonld be heralded afar as the potato mayor—the friend of the ultimate consumer—the only may or in captivity of his kind—onew ho deals in prices rather th^n platl tudes. He Is the sort of an ornament !worth having around a town. THE SOUTHERN RAILWAY COM ING The Southern Railway Company reports a successful year’s business. Cotton goods markets have gone to siiiash and mills have curtailed, but the Southern has flourished like a green bay tree. It has wethered the financial storm following the Roosevelt panic and emerges with a strong hold on the situation. Even the reduction in passenger rates in North Carolina has failed to put it out of business. On the contrary, its revenue has increased. The Southern has our congratula tions and best wishes. Some of the facts set forth in President Fin ley's annual report are of interest to the public. One source of grati fication to railroad officials should be the aml5able manner in which all disputes with its employes have been settled. Arbitration usually was the method employed, and the com pany comes through the year without a strike. President Finley takes oc casion to praise the Erdman act as providing a satisfactiry method for settling disputes between capital and labor. While the figures offered in his annual statement are voluminous w'e reproduce a few facts of geueral in- teresl, which tend to show the excel lent condition of the road under present management: "The taxes of the company this '•.iur are $1858,863.52 i.n excess of last year, aniounting now to $3,- 212,967.87. The company opemtes 8.22 miles less of road than it did in 19iO. Its gross operating revenues increas ed $3,050,554.05. The total operating expenses increased $2,291,044.14. The net reveuue showed an increase of $698,502.05. The total gross income showed an increase of $571,239.91. The total dividends were $1,200,000. The balance carried to profit and loss shoved a decrease of $300,6878.- 92. As to the matter of dividends, President Finley says: “The financial condition of the com pany Laving so improved as to make sucli action entirely consistent with a sound and conservative policy, a dividend of 1 per cent on the pre ferred clock of the company was declared and paid in April, 1911, and revision has been made for the pay' ment in October of a similar divi dend out of net income earned dur ing the year. It was considered that, as a fair recognition, under all the circumstances, of the just expecta tions of the holders of its preferred stock who had recsived dividends for a series of years until the conditions which culminated in the financial panic in the fall of 1907 and the subsequent business depression ne cessitated their suspension, a reason able proportion of the comany's cash resources could properly be de voted to the ayment of dividends. It is the expectation of the board of directors that, with a continuance of favorable conditions, the rate of divi dend may gradually be increased un til the full dividend can again be properly paid.” Think of torn* of the great prMi- dentff' cf the past “swinging around the circle” to tell the people what great things they had done! Modesty appears to be an unknown quantity in political circles of today. President Taft and Colonel Bryan met recently at a banquet and nothing whatsoever wa» lald regarding th^ lapse of time between drinks. , Mr. Lewis W. Parker is one cotton manufacturer who believes in revis ing all schedules alike which are in need of revision. Moving picture people have taken pictures of Columbia, S. C., probably with the view of showing how the other half live. Among the exhibits of state forests at the state fair next week one will look in vain for displays of senatorial timl)er. The “swing around the circle” to be undertaken by Senator LaFollette WMi be In the nature of a “chaser.” Messrs. Matheweon and Bender are looming large ae presidential possibili ties just now. Judge Clark is of the opinion that the press is mightier than the lungs. Senator Simmons is likewise enjoy ing a “swing around the circle.” Turkey is beginning to appreciate Sherman’s definition of war. Occasionally China gives evidences of real life. OUT OF THE WASTEBASKET. Of hasi&f than a collegiate freshman ever euffered.. If this was all to the ctib’s breaking in, however, the want of an analogous transformation would still be on the easy side. Not only must he' become ac customed to doing his best work amid the confusion of the crackle of the linotypes, the click of the typewriters, and the rattle of the telegraph sounder. In respect to his habits, he must adapt himself to the practice of com pressing a day’s work into half a day’s time. In respect to his pride, he will make mistakes for which the paper will have tCL_apologi*e. In respect to his salary, he must learn to make one “hot-d9g” do ^hat two “hot-^gs” have done. In respect to his* i(Kals, he will discover that the business manager censors the editorials. In re spect to his philanthropic purpose, he must assimilate the notion that a news- ipaper is purely a business enterprise, and the editor’s chief function is to see that the linotypes never get out of copy. In respect to his morals, he will be shocked to discover that day before yesterday’s specials to the met ropolitan dailies are clipped, for to morrow’s paper, and are printed with the dates moved up, a few “waaes” changed to “has beens” and the “to* days” crossed out:—The Hit of hie tribulations is long. Some of those that etart in the race stick. It takes a strong heart as well as an extraordinary combination of qualities. But if the cub is made of the right stuff he will get his second wind, after a season. The time will come when he is no longer reproached with being the new man; when his copy is no longer the joke of the composing room; when the force looks on him as one of the boys. And about this time he will discover that the newspaper boys are as clever, jolly, care-free a bunch as he ever struck in with. He even begins to realize that he has been admitted to the soph omore rank. Far off in the distance looms up the possibility of a juniorship Seniors? Well, mighty few of u^ ever get a diploma in this sch9ol. win tell yon that hisVasta—^the great cost in business—has been converted into profit, and converted Into profit by “saving.” Judge Clark, of the Statesville Land mark, takes us to task, in a ponderous reprimand, for an inoffensive observa tion, “Hog killing time in Dixie.” As an authority on pig-pen lore we stand ready to accord all honors to the Statesvlllian, still insisting that Octo ber and frost not infrequently usher in the happy period of piggish decima tion. PELLAGRA. According to the Greenville News, government figures show pellagra to be far more prevalent than was first supposed. The News has heretofore urged upon local physicians the neces sity for starting a movement looking to the establishment in this city of headquarters for the proposed inves tigations. Certainly the needs justify the means. We quote official figures as follow's: “It Is said that the malady Is In* h*easing annually at the rate of more taan 100 per cent. “There are more than 10,300 cases In the 11 Southern states alone this summer, as opposed to about 1,000 in 13 states two years ago. “This is the remarkable statement contained in a report by Surgeon Wyman, of the general public health and marine hospital service. The sum of $50,000 will be asked from the next congress. Dr. Lavinder, now in charge of the Savannah hos pital, was sent to Italy last year by the service to study the disease there, and made a valuable report. ‘Surgeon General Wyman’s report goes on to say that the 11 South ern states where the ravages of the disease are fiercest, and where there are approximately 1,300 new cases this year, are Virginia, Qreorgia, North Carolina, South Carolina, Florida, Ala bama, Mississippi, Tennessee, Louis iana, Texas and Kentucky. It is report ed that in one North Carolina vil lage, where there are less than 800 Inhabitants, 200 cases of pellagra have sprung up this summer, and one North Carolina physician has estimated that there have been 50,000 pellagra cases in this state alone since the disease was discovered there six years ago. “Few Northern states have been shouldered with any prevalence of the disease, though Illinois has fur nished several of the most interest ing subjects of study and has a greater number of cases than any other Northern state. New York has had a few cases and the Dis trict of Columbia has had several, though most of those discovered in the District could be traced directly to some point further South. In all, the disease has been reported from 31 states though the problem has nev er become serious except in the South, and, possibly, in Illinois.” Governor Coal Blease became in- lulled because the Spartanburg Jour nal suggested a political melo-drama with the governor as “villlan.” A chal lenge was immediately issued to “lick !he editor” for calling the governor a ‘villain.” It would seem that Cole- Qoan has fallen to the idea of assuming the role without even waiting for the ttage. * The Raleigh T^mes has not produced \ pMlID in several weeks. Are. bfii^ that the erstwhile sweet sitiger >f the Timei paMed out with IBlmme? We have perused in vain the volumi nous discourse of the president on “ar bitration treaties” for some suggestion looking to a settlement of the difficulty between the insurgent and regular wings o^ the G. O. P. Mr. Crowson, one of the best known and most popular of state newspaper men, has sold the Burlington News May succew follow him in his new un- deruking. aa It hM ln:hla piUt ca reer. e * - “Strangers in a strange land are the best critics of its beauties and cus toms,” is a brilliant set to the same music as the epigram, “A prophet is not without honor save in his own country.” “Familiarity breeds con tempt,” is a sister thought. In the authority of these truisms, the impulse to write of first impressions can be considered neither abnormal nor pre sumptuous. * e • Newspaper Hazing. Positively, there is no analogy to the experience wherewith a cub reporter, fresh from the green fields of inexper ience, breaks into newspaper harness. If you will take my word for it there is just one other transformation which is in any particular comparable to the process. All men are freshmen either twice in their lives or not at all. That statement is a truth ^ich holds good with the exception of those men who die after the loginning and before the completion of their college course. When men step from the conditions of every day city or country life into the secluded, private, model-life habits and manners of colleges or universities they find themselves handicapped by ! inexperience. On acount of this inex* perlence they are named freshmen, and for it they pay a price which in college vernacular is termed hazing. Time passes, and they move out of the freshman state. Finally, as seniora, they are supposed to have acquii^Bd full experience in, and Imowledge of college life. Then they are thrown back without apology into a life which they have forgotten: into conditions as strange as four years antecedMg had been college conditions; and, forsooth, they are freshmen again. Obviously, that other class of men who have not passed in and out the campus- gates have no hope of achieving freshman- ship at either end of the opportunity. What of these men who become freshmen for the second time? Do they pay again the pftce of inexper ience? Echo answers in full chorus, they do! Freshmen again; hazed again! This in general; but what, par ticularly, of those men who through mishap or choice find themselves cubs, that is, newspaper freshmen? Is the* newspaper brand of hazing so peculiar and especial a quality as to warrant the statement that there is no analogy td the experience thereof? Answer echoes again — though in smaller chorus, as you would expect—’tis so! Of the innumerable stock examples of the cub’s first story the most popu lar is that in which he is assigned by the city editor to cover a small uptown fi**^. His report as turned in to the city editor invariably begins: “Fire! Fire!! The dread alarm sounded over the frightened city! In an Incalculably short time the braV^ fire-laddies dash ed upon the scene! The lurid fiames were leaping Heavenward through roll- Ing clouds of smoke!” And so on for about a column. The city editor is sup posed always to glare at the descrip tion, and the acount as rewritten and inserted reads: “Fire thie morning at 217 B street damaged the rOof of the dwelling in the amount of $200. The origin of the blaze could not be determined. The loss Is fully covered by insurancs/' Personally, i have always thought that these typical cub stories were exaggerated burlesques. At any rate, I had determined that when my first assignment came I would make no such exaggerated blundeA There would be no brilliant flashes or jutting figures when I went to report a fire. I would profit by the experience of a two*hour course in journalism which I had elected at the university. I was to tell “what, where, when, and why” ip the very beginning. Thus i planned to avoid a portion of the cub’s hazing. It wae much the same sort of thing as trying to escape a blacking crowd by Juntping out the window. I put in all ay cholcert $d- jectivee ^nd smoothest expressions on that first story. It was^ neither re written ?or printed. The^paper had gone to press when I had it completed. I had Uken t6o long >lth ex- SreMibns; they were tdo choice. My fst newspaper hazing! So, all of us in newspaper wmiag have to lee^n'firet^thatt tj^fe is a Very happy between Random Shots ■ I Governor Harmon will be one of the 9t*r attractions at the ttatO; fair next apd we ar;^ expe'c^^'r th^ and Observer to issue a red hot Hv- mon boom. FROM* OTHER SANCTUMS....... State Stiff Far Behind In Education. That the average .child outside North C^olina has a 50 per cent longer school term, a 50 per cent better chance for an education, in spite of our decade of educational progress, than the average boy or girl inside North Carolina; that the Japanese, with one-tenth our wealth, are'giving their country children ten months’ schools, while North Caro lina doesn’t give five; in short, that the great educational crusade in which Mclver, Aycock and Joyner have been leaders, is yet but liad won—such was the basis of Mr. Clar ence Poe’s “Founder’s Day” address at the State Normal and Industrial College in Greensboro Thursday. Average length of-oschool term in days: North Carolina, 101; United States, 156; North Atlantic States, 179; South Central Sta,tes, 128; North Central-SUtea, 164; Weiterft BUtes, 161. “Virginia, 181; South Carolina, 98; Georgia, 132; Flordia, 115; Tennes see, 128; Alabama, 115; Mississippi. 123; Louisiana, 130; Texas, 128; Ar kansas, 98; Oklahoma, 140. “These "figures , show the average term for both city and urban schools,” says Mr. Poe. “As far our North Carolina country boys and girls—our white boys and girls on the farms—they are getting only 93 days, less than five months, whereas, when I enquired of the national bureau of education in Japan a year ago this fall, I was told that the average school term furnished the country boys and girls of that so- called ‘heathen country, ^ in ten months. More than this, I was told that the attendance is 98 per cent of the boys and girls between 6 and 14 years of age. And yet it is but fifty years since a North Carolina secretary of the navy planned the eX' pedition that opened up this so-call ed ‘heathen’ country io the world.” Morgan ton News Herald. ils Regards High Gas And Watei RMes - The Lm “The great cost In business is waste.” John D. Rockefeller once said these words and showed his genius and should have set thousands thinking years ago. Ten years ago shops were fewer and factories less, profits greater and demand plenty. The waste in this and that department in those times couid be borne easier, and the seemingly small waste unnoticed, but in this day of hustle, hot and close competition, increased cost of producing, shorter profits and crowded markets, all busi ness establishments must check on the waste if they would pay dividends and set aside a surplus. • • * Realizing “waste” as the heaviest tax of all, cme of the great railroad systems of the west have had printed distributed and posted throughout their entire system cards of cost in formation ud advocating economy among their employes. Some of the itemp are u follows: 1 2-cent postage stamp equals haul ing one ton of freight 3 1-2 miles. lead pencil equals hauling one ton of freight 2 ihiles. 1 tracic spike eqtials hauling one ton of frei^t 2 mil^. 1 track bolt eiuals hauling one ton of freight 3 1-2 hilles. 1 pound of Waste equals hauling one ton of fraught 10 1-2 miles. 1 white lantern globe equals hauling one ton of freight 20 miles. 1 red lantern globe equals hauling one ton of freight 76 miles. 1 lamp chimney equals hauling one ton of freight 10 1-2 miles. 1 station broom equals hauling one ton of freight 35 miles. 1 station water pail equals hauling one ton of freight 35 miles, I lantern complete equals hauling one ton of freight 100 miles. 1 gallon signal oil equals hauling one ton of freight 60 miles. e * * Back in a little North Carolina town Editor The News : Public interest centers in the hearing next Thursday night before executive board on light and gas rates: The law fully set forth—• The meanderings ' of modern Taw- making has reached the point of curb ing and regulating trusts\and other large combinations of capital, if it^his not proceeded to the stage of absolute control. This is especially true of'that class of enterprfse known as public^ utility. c6ncei:ns. The legislature of 1909 enacted a law applicable only to Charlotte by which it vested in the. executive board of i;his city the power to regulate tnd super vise all public utility corporations or quqasi public utility, corporation! with the exception of «team roads) which operate or do business in the City of Charlotte, as to all matters exclusively in the City' of Charlotte, to the end that all the citizens of Char lotte shall receive from the said pub lic utility corporations equal trea,t* treatment; and also to the end that and said citizens shall Have good serv ice and Just and reasonable rates from any and all said public or quasi public utility corporations.” It is fur ther provided that the executive board “shall have power to make and estab lish just and reasonable rules and reg ulations governing the public utjli^ or quasi public utility corporations which operate” in said city. Any violition of the action of the executive board sub jects the offender to a pejialty 'of^fty Dollars for eaclt offense. The Executive Board “upon the complaint of any person, firm or corporation residing or doing business in'said city that any public service corporation is charging an unjust or unreasonable rate, or of its own motion after due' notice and hearing, shall hav^ the power to de clare what shaJl be just and reasona ble” In the matter under investigation. An appeal to the corporation commis- Peliagra In the State. Every few years a new disease makes its appearance, or else an old malady comes into prominent notice sion of the state fropi a decision of the and, under a new name, pivotes the Executive Board is allowed either attention of the medical world. Ttie last two diseases to appear in this role are hookworm and pellagra. When scientists first began to talk hookworm the whole country laughed. It seemed a huge joke, and in print and in private conversation it was the butt of ridicule. But by degrees the laughter died down and people began to take a more serious view of the matter, for under experiments and the new treatment persons who had been afflicted for years began to improve. They had called ailment by some other name and- had consumed nostrums of many kinds for its cure, all without ef fect; and now, under the scientific diagonis and ca?e they them selves on the road to health. The cause of the hookworm was located with the discovery of the diseMe; but this was not true of that other modem malady, pellogra. So mucli liad b©en said and written of this trouble in our state that the last legislature made an appropriation for a commission of fl^e men ot science to study its cause and its spread in the state of -Tennessee. This commission has lat^y public its report to the effect that there? were cases in 67 of the 9 counties. All told there are 316 cas es and 95 per cent of these people thus afflicted have been .addicted to the use of corn meal as part of their This seems a good headway for a comparatively new trouble, and em phasizes the wisdom of the commis Sion’s appointment. The ° the investigation has snbiect a very general interest m the subject »nd 7et physicians all over the state to work to watch its coming and Back m a iiitie xsortn uaroiina lown f.radication. there ii a J»tonUnent manufacturer who rrho fflct that 95 per cent of those a few years ago was ju^t a shoe drum mer working the trade of East Tenn- .essee and Western North Carolina, with a heavy hack loaded with trunks of samples. The bulk of, his country sales were coarse shoes. “Why not make these shoes at home Instead of going to Boston for them?” was a thought that came to this man and as he is a man of action he was not long In bringing his thoughts into realiza tion. He leased a vacant factory build ing (afterwards >ought it) that had two good tndbine water wheels and a line shaft, and installed machines for making coarse shoes with a capacity of 36 pairs a day. Being a small manu facturer and competing with the giant corporations of the east, he had to not only watch the cost of manufacture but “the great cost-waste.” He arrang ed to save the waste and has watched this end of his business from the be ginning. The leather scraps he baled and shipped to the larger factories who were prepared to use them. The busi ness prospered and after three years a tannery was added and hair, hoofs and horns from the hides were “saved” and sold to plaster makers and glue factories. Lots of leather came from this tannery that was not shoe leather but the best of ha^-ness leather. This manufacttirer could not see great enough pdoflt in selling this leather to harness makers so he installed machines for making harness and col lars—saving the wasted profit. He was “w^ting” the profit in the hair coming from the hides so he began useing it iii making saddles and collar p«ds. Every particle of waste around thie factory was being put to use at this time except the spent tan bark. Three years ago a modem brick shoe factory the largest in the South of Lynchburg, was built, dear the site of the old fne %nd is today using the spent tan bark, that has been wasted for seyeral years, firing the boilers in the new factory., This manufacturer and dicUon. It is to this, and quite another to profit by it. The slow process of acquiring the i«pldlyv‘» ■ wWw 'distracting noise of the office goee on about you is a more tedidui course The fact that 95 per persons who are affected use corn Sieal as a food proves nothingjo the average mind, ='°=e *1 may be said of any other ««ease. In fact almost a hundred per cent It t^f'soitt-s inhabitants nse c«n meal in some shape as ^ They eat it and have eaten Jt veMS li various forms bread, S“s ’hominy and i^sh come da.» to the southern tath- tathers and cfra from ers ate corn and drank com early colonial times, but pella^a ^ unknown until about five years ago. If it is a result of corn meal ®ating. It took a long time to get m its ^*11^ cur state the cases of pella^a too widely scattered to preset anv of the features of infection. w.amv is invaded to the exemp- tZ of olhers. Sie majority c4 these R rases were found among* t poorer class who pay small fo Se rules of »y*}ene- Thei' ises were left uncleaned,^ and th^ »e iIHh»S were found in families wner regulations raStradic- T thrSnUon throw the burden back on f»d “1S"o contradictory is the ej; dence that scientists niikA are puzzled to know the tr • The state commission, from whose Siort w* ,Sote. r of” t^e give a definite explanation of the Suse or causes of the trouble, it reports conditions as they wwe tound and leaves the way open to fwher studv and effort at a method of cure for' those already for protection for the ® J of people tow hom the as yet but a name.—Commercial AS* peal. consec^tite *cOttp»i^, «iilch>|^^$r to T^he each day. brosBkt to 'The KeWs office; acc6i]$^led t>^y ceita, %iil ai* tiUe any reader of the News to Rand-McNally's 1910 Census Atlas of the World, as advertised. Outfofrtown readers must add 25c to cover transportation clwgej|k X^u|.of .tte OCTOBER is A-.‘. party. In Express Co., vs. R. R. Co., Ill N. C., 463, the supreme court has held that “the general assembly, may, with out delegating its law-making, power establish a commission with authority to fix r^sonable rates * ♦ * prevent unjust discriminations and exercise a reasonable supervision and control” in such matters. This would indicate that the powers mentioned in the foregoing act constituting the Executive Board a commission to. hear and determine these matters are perfectly constitu tional and regular. This case definitely settles the proposition as to the right of such Boards to deal with such sub jects, and to compel compliance with their mandates. In the case of R. B. Turner vs. Southern Power. Co., 154 N.. C., 131, that went up from this county, in which Mr. Turner was severely burned in attempting to turn on a small elec tric light in his store in this city, and in which a recovery of $500.00 was affirmed by the supreme court, it is held that “a corporatioh engaged in furnishing electric power and lights to its patrons in the exercise of char tered rights and privileges conferred by the law-making_.power, in part for the public benefit, are quasi public supra, and as to every class of int., affected with a public use, ers, water companies. Spring Valilv Schottler 110 U. S. 347. The fixing rates is a legislative Win! which the courts cannot exercisr ft it is competent for the courts. certaiS in the absence of legislative rSj tions, to protect the qublic against .t' action of oppressive and unreasonahu charges and discrimination “Ti, franchise of laying pipes through tS! city streets and selling water to th! inhabitants being in the nature of! public use, or a natural monopcly th« company cannot act capriciously oppressively, but must supply watel to all impartially and at reasonabu rates, and an injunction will igsm « prevent the cutting off water sunn ? where the customer offers to pay i reasonable rate and the company d“ mands an unreasonable one.” 2 Beach Pri. Corp., Sec. 334 Munn va. Illinois' Lumbard vs., Stearns 4 Cush, tiu.in the 29 A. & E. Enc. 19 it is said; “The acceptance by a water company of its franchise carries with it the duty of supplying persons along the lines of its mains, without discrimination with the commodity which it was or ganized to furnish. All persons are entitled to have the same service on equal terms and at uniform rates.” i{ this were not so, and if corporations existing by the grant of public fran chise and supplying the great conven iences and necessities of modern city life, as water, gas, electric light street cars and the like could charge ^ny rates however unreasonable, and could at will favor certain individuals with low rates and charge others exor bitantly high or refuse service alto gether, the business interests and the domestic comfort of every man would be at theii^ mercy.They could lill the business of one and make alive that of another and instead of being a pub lic agency created to promote the pub lic comfort and welfare these corpora tions would be the masters of the cities they were established to serve. A tew wealthy men might combine and, by threatening to establish competition, procure very low rates which the com pany might recoup by raising the price to others not financially able to presist —the very class which most needs the protection of the law—and that very condition is averred in this complaint. The iaw will not and cannot tolerate discrimination in the charges of these quasi-public corporations. There must be equality of rights to all and special privileges to none, and if this is vio lated, of unreasonable rates charged, the humblest citizen has the right to invoke the protection of the laws equal* ly with a'hy other.” “While the defendant oannot charge more than the rates stipulated in the ordinance granting it the franchise be cause granted upon that condition, those rates are not binding upon the consumers who have a right to the protection of the courts against un reasonable charges. Since the consti tution of 1868, Art. 8, Sec. 1. if the rates had been prescribed in a charter granted by the legislature, they would be subject to revocation, and indeed independently of that constitutional provision (Stone vs. Farmer’s Co., 116 U. S. 307 R. Co., vs. Miller, 132 U. S. 75; Chicago vs. Munn 134 XJ. S. 418; Ga. vs. Smith 70 ga. 694; Winchester poTTiora.tions. and may toot stipulate against their own negligence or trans- vs. Croxton 98 Ky. 739) still less can fer the obligation incumbent upon these ^tes bind consumers (if unreas- them in the absence of legislative au- onable and discriminating) since the thority to do so. town had authority to grant the fran- The leading case on the subject of chise but not to stipulate for rates reeulation and control in this state, binding upon the citizens. The le^sla- and one that is cited with approval by Judge Dillon .in hfs work on munici pal corporations. Is that of. Griffin vs. Goldsboro Water Company, 122 N. C., 206 The opinion is by Chief Justice Walter Clark, and is unusually able and comprehensive even for so noted a judge. As it is comparatively short Igive it in toto. , “The defendant corporation is the owner of a plant which supplies wa ter to Goldsboro and its inhabitants under a franchise granted by the city. It has no competition. The complaint alleges that to prevent competition the defendant reduced its rates largely to certain parties who threatened to es tablish a rival company, but not only did not make a corresponding reduc tion to the plaintiffs and other con sumers but proposes to put in naeters whereby the rate to plaintiffs and oth ers will be greatly increased, and threatens to cut off the water supply of the plaintiffs if they do not pay the increased rates, which will m to their great injury; that the rates charg. ed by the tiorporation are not uniform and those charged the plaintiffs a^ unjust and unreasonable. The defend ant denies, as a matter of fact, that the rates charged the plaintiffs are un reasonable and contends, as a "proposi tion of law, that the company s rates are not required to be uniform and that it can discriminate in the rate it charges. It also reliesupon a shed- ule of rates contained in the contract with the city and avers that Ihe chaf es to the plaintiffs do not exceed the rites therein permitted.” _ “The defendant corporation operates under the franchise from the city, which permits it to lay its pipes in the public streets and otherwiw to take benefit of the right of eminent domain. Besides, from the veiy nature of its functions it is “effected ^i^^ * public use.” In Mmiu vs. Illinois, 94 U. S., IJ3, which was a case in regard to regulating the charges cd grtin el^ vators it was held thftt, in Slngland from time immemorial and in this cojitt try from its first colonliation, it has been customary to fegulate te^es common carriers, hackmen, bankers, millers, public wharfingers, auction* e6rs,.inn-keep,ers and many other mat ters of like nature, and, where the own er of property devotes it to a use in w^h the. public has an interest, he in effect graiits to the public an interest in such uee and must to the extent of thut interest submit to be controlled by th» pubUc.” . , x “P^ably the Most familiar instanc es, us thA p«i«c mUls whose tqll» :ir^ ^ed .by? statot^, and taUr rbad, telegraph and tel^^hChe tom- panies, for the regulation of whose conduct and charges there is a state coiwtoi»8tQn*.«8tablish««^;^' Thep^ ha^ft^'hsfeiv in-.tiw United States supreme cdurt and iii the several etateg afltnning the doc- ture did not confer that power. That rates are binding upon the company as a maximum simply because acting for itself it had the power to accept the franchise upon those conditions.” ‘“Singularly enough it appears inci dentally in the evidence furnished by the defendant that in the towns in North Carolina which do not own their own water works, the maximum rates charged consumers are from 100 to 400 per/Cent more than the maximum rates charged consumers in Wilson, Ashe ville and Winston, the only towns which own their water works.” The allegations of fact that the rates are unreasonable and, oppres sive are denied. That they are not un iform is not denied and the defendant contended that it had the right to dis criminate, which cannot be> sustained. On the final hearing thecost and value of the property will be material in de termining as to the reasonableness of the rates charged. Smythe vs. Ames, known as the Nebraska case U. S., su preme court, 1898. The evidence offer* ed on that point on the hearing below is not satisfactory, the mereamount of mortgage bonds issued on the prop erty being no reliable guide to the courts as to the true value of the in* vestement. It may be, as sometimes liappens, that the bonds and stocks are watered. Nor is the evidence cf the cost of construction and operation cttoclusive, as has often been held, for it may be that the work was extrava gantly constructed or is operated un der Inefficient management and the public are not caiied on to pay Inter est upon such expenditures, in the shape of extortionate or unreasonable rates. Mo. vs. Smith 60 Ark. 221; Chi cago vs. Wellman 143 U. S., 339; Liv ingstone vs. Sanford 164. U. S. 578.“ “The court below properly continued the cause to the hearing. No error.” This case was decided May 24th, 18$8, by a full court with no dissenting opinion and has been the law of this land ever since; While it is directly applicable to a water compS,ny, and will be read with interest by those who are interested in our local water situ ation; still one can readily see by an alogy, that it also directly applies to 'the attempt of the Charlotte Power Company to force up rates in this city and compel the sigi^ing of a contract that will work a hardship upon the al ready over burdened citizen. As this is the first complaint brought under the Act above referred to I have demned it of interest to the general poblic to sate the law as it is, and in doing so have set it forth fully fairl^ MI have found it to be. THbS. W. ALEXANDER. Would Never Do. Mrs. - Kni(*er~“What is the Aer ■ ■ Bride-*-‘"rtie-recipe \^s for cotta^i pudding and ours is a bungalow, "j trine laid down in Munn yg, Ql^ois.New York Sun. C'-i

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