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CIIARLOTTE DAILY OBSERVER. FEBRUARY 16, 1003.. wmior Remarks of the Senator From Orange on the Subject of Maximum Railroad Rates, at the Recent Special Session of the Gener al Assembly. Following are the remsrks of Hon. John W. Oraham, State Senator from Orange, at the special Bunion of the General Assembly. January, 1908,. the subject under debate being the bill prescribing rmotimuui rate for the transportation of passengers In North Carolina: Mr. President: To use the words of . itiatlrirulshed. statesman "It is a "condition, and not a theory, which now confront us." We ere convened in extra session by proclamation of the Governor of the State, ana lu his mes urA he has slated: "I have felt it my duty to call you together to consider the question ol an adjustment i uic passenger and freight rate charged by the various railroad doing business rommoi carriers in. . the State." The condition of the whole country is . very different from what it was IS months ago. and a panic has prevailed in business matters, and we cannot rejoice aa we did then la abounding prosperity and &e la procuring Joans of money. .We are told la Ecclesiastes 'In the day of prosperity be joyful, but in therday of . adversity consider," and that Is the duty now before us. ,We are urged by the Governor ''to treat the railroads with perfect fair ness and give them every legal right which belongs to them." I have no taunts for those who enacted the ratej law of tha last session, and for which, i you well know, I did not vote, as I thought the rate too low to yield a fair return on the transportation of pas sengers. An honest difference orop.n lw ia entitled to respect and much pressure was brought to bear to force the measure through this wxiy. i s deeply mortified at the failure of the Legislature and the railroads to make m Just and amicable settlement of the euestlon upon, satisfactory terms, in the canvass preceding my election, - when I went Into the County of Dur ham. I found the candidate, since chairman of publio service corpora tions In the House, advocating a flat rate of C cents a mile for ell rail roads la the State. I stated at once that in my opinion a rate -of 2 1-2 rents for first-cliss passengers and 8 cents for soeond-class passengers T1 D. 00 IV'., U.. 1 1 V. I 1. 1 M '... wu stand, and I did not expect to go be low that I introduced a bill in the re rial e ror tnose rates, ana bifo to ai liw any ra I Irani company to "show before the corporation commission that I hey were too low, and retain the rates of 2 1-4 and 2 3-4 cents for first and second passengers if the commission bould so decide. I was gratified at my appointment as chairman of com mittee on railroads and though I 'recognized at once that It wis a diffi cult task, with the motto of the cagte "Non temo Je 'alte. (I do not fear the heights) I determined that my best effort should be put forth to rise to the expectation of my friends. After hearing the various railroad com panics present their cases. I became satisfied that 2 3-4 for first-class and ! i-4 for second-class passengers, or a fiat rate of 2 1-2 cents, ought to te adoDted. 1 sounded some of the rail road officials, to know If they would sgree to accept these terms, but the figures given back to. ma were 2 8-4 for" first-class and 2 1-2 for sec-ond- e)as passengers. Owing to delays In this -tHXJy a flat rate of 2 cents had passed the House, and wishing, If possible, to aret an adjustment I again Introduced a bill for 3 1-2 cents for first -class and 2 cents for second-class passengers, but allowing Pillroad compunles which could not earn $1,500 per passen ger mile, to retain the fares of 3 3-4 and 2 8-4 cents. I also stated that ins i.tr in my -were tower man I believed the railroad companies ought to be allowed, and that I had one. in hope of adjustment, t bot tom rock, and did not propose to go ay lower. That bill, notwllhstanding efforts to put the rate at 2 1-4. (which failed 18 to 27) pusxed this body by a vote of 47 to 3. A conference commit tee, not representing the majority of this body, was appointed, and brought In a pill for .2 1-4 cent flat rote .Under- great -stress m.y Senatirs were Induced to vote for it for fear that no other agreement of the -two bouses could Tie reached, I thought richt to stand for my convictions, and feit sure I would he vindicated, for as Hated in a speech of my fathor to which allusion has been made "time and disaster are often necessary to vindicate true wisdom." I felt that my efforts had failed and litigation end unpleasantness would come after July lot when the rates were to go Jnto effect. I thought of the prophet Elijah who In his discouragement bad kd thut he mtirht die as he alone stood for tne right; . and was told yet I have left rne seven thousand In asrael, all the knees whih have not bised to Baal, and every mouth which hath ivt kissed him." As toW li feottlnh story, one of the clans riever feared the number who mlht Mark, but planted the staff where the fjght began, as on appeal to any n who might pans to take it up. and come in to see fair play. nd not too rreat inequality tn numbers. They bave come in thousands, and like a Jigro who was sent to the peniten tiary when asked if tin did riot have hard time replied "No not a thought or a care as I have the who! Ptate of North Carolina at my back." r t icei now, and know that the bill tiow Introduced will go through. The jr-endulum has swung back. The Fupreme Court of Pennsylvania has declared an ac-t of the Legislature of that State reducing the railroad fare to 2 cents unconstitutional and confiscatory. The Legilature of Jvansas hs refused to pass such a bill. nd we are railed upon to ratify an agreement of the Governor and the railroads, fixing the rate at 2 1-3 cents. 3t Is asked why not put the whole agreement us to mileage tickets into the act. In the case of Lake Shore Biailway Company vs. Smith. 173 U. 8., p it Is said: "The question is pre sented in this ae whether h I -- Irthture of State, having power to fix rnaximum ratr and charges far niut rwnemtwr "there .are others" transportation of persons and property who wuH resent discrimination If eii 1 rra1 co'nfa" has also the acted and Insist that this Is a matter for right, after having fixed a maximum i ,tl railroad c.mpia!e to determine rate for the transportation or passeu-1 f''r themselves, in regard to th rers, to etltl further regulate their f- "sreement between the Governor and fairs, and to discriminate and make ,h railroad companies H to Inter na exception in f ivor of certain per. State rates, jt is a matter with wjilch wnaand rive to them a right of ' have nothing to do and it Is ihere transportation f vr a less sum than the f net tmhmced la the bill The freneral rate .provided by law. It Is general principle is aM down in a" tht t power to create this ex- Kmyth vs. Ames, 109 f 8 5 -3 tint a ception is included in, the greater fae hes power to fix the charges by rower to fix rites generally; that railroad completes f. lh tntBsporta riavmg the right U establish maxl-'l'ri of persons und property within mum rates, it therefore has the perH Jurisdiettm, unless hMt is done to lower those rates in certain eases, amounts to a reguHt on of fnrele-it or fid 4n l.l..l.l. .. . I Inl.. li. . .. . "r'" l" -..t- - ill- " "f r"- them to te maintained st a higher a?e in ! thr catws. Jt is asserted also that tMs An only n proper end rtaaonaLJe reguUtn. It , na Giralhiam ml ttte seem to us that this claim Is well founded." and ! on pag 681; "The Legislature havkifr established such maximum as a general law now Ufumts to interfere with, the manage ment of the company while conduct ing Its affairs pursuant to and obey ing: the statute regulating rate and charges, and twotwlthstanding such rates it assumes t.i provide for dis crimination, an exception 4a favor of thoso.who may desire and re able to purchase tickets at what might be culled wholesale rates, a discrimina tion which operates in favor of the wholesale buyer, leaving the others subject to the general rule. It thus Invades the general right of a com pany to conduct and manage its own affairs, and compels it to give the use of its property for- leas than the general rate to those who come with in the provision of the statute, and to that extent It would seem that the statute takes the property of the com pany without due process of law. "The convenience which the Legisla ture is to protect, is not the con venience of a small portion only of the parsons who .may travel on the venlence to ell others nor is the right to obtain tickets for less than the general and otherwise lawful rate to be properly described cut a' con venience. An opportunity to' purchase a thousund mile ticket for less than the tundard rats we ' think 1 Im properly described as a convenience." On page 6H it is also said: "If the Legislature can interfere by directing the sale of ticket at less than the generally established rate, it can com pel the company a carry certain per sons or classes free. If the maximum rate are too high in the judgment of the Legislature, It may lower them provided 4hey do not make them un reasonably low as that term is under stood in the law; but it cannot enact i a law making maximum rates,, and then proceed to make exceptions to It in favor of such persona or classes as in the legislative judgment or caprice may seem proper, we are convinced that the Legislature cannot thus interfere with the conduct of the affaire of corporations," anT on page S6: "The Legislature havJn fixed a maximum tu.te at what rouat be pre sumed prima facia to be also a rea sonable rate, we think the company then has the right to Insist that all persons shall be compelled to pay alike, that nondiscrimination agalnet It in favor of certain classes of mar ried men or families, excursionists or others, shall be made by the Legisla ture. If otherwise then the company Is compelled at the caprice or whim of the Legislature to make such ex ception as it may think proper and to carry the excepted, . persons at - less than the usuui or legal rates, and thus to part in thle form with its proper ty without that compensation to which It 1 entitled from tail others, and therefore to part with Us property without due process of law, "It 4s no answer to) the objection to this legislation to say that the com pany has voluntarily sold thousand mile tickets good for a year from the time of their sale. What theoompany may choose voluntarily to do furnishes no criterion for the measurement of the p. i wer of a Legislature. . Persons may voluntarily contract to do what no Legislature would have the power to compel them to do. Nor does it furnish a standard by which to meae ure the reasonableness of the mat ter exacted by the Legislature. The action of the company upon Its own volition, purely as a matter of in ternal administration, and in regvwd to. the details of its business which it has a right to chaiige at any moment furnishes no argument for the existence of a power in a Legisla ture to wins a statute In relation to the eame business Imposing additional burdens upon the company," and on p.ige6'8: "The authority to legislate in regard to rates comes from the power to prevent extortion or unreasonable charges by common carriers or others exercising a calling and using their property n a manner In which the public, has anlnteresL-Jn4hiS" thereTs not an exercise of the power to Ox maximum rates. There Is not the exercise of the acknowledged power to lcglalato tut as to prevent ex tortion or unreasonable or illegal ex actions. The fixing of the maximum rate does that. It is a pure, bold, unmixed power of discrimination in favor of a few persons having occa sion to travel on the road and permit ting thrnn to do so at a less expense than others, provided they buy a cer tain numheir of tickets at one time. It is not legislation for the safety, hvalih or proper convenience 'of the public, but Ui arbitrary rnactniimi in favor of the persons spoken of. who In the legislative Judgment, should be carried t les expense than the other members of the community." 8 that this case Is full authority that no provision in reference to fam Ly r,nlle tickets should go into the bill and what we owinot do ftlrectly, do not let us nttempt to do by evaalon. or an offer to treat a company, . that would sell mileage tickets, in a different way from one which rerm.es to do so. The bill must ,.IaJru.flnd ",rlpt'y n conformance with th,s-decision from which the above extracts are ouotoit a r. parent attempt to accomplish an il legal object would nut render our legislation nugatory, and us un worthy of our oath to suport the oon siltution. lieeide its unconstitutional ity, I would not vote, for such a dJs- inmmu.uon on other grounds. I do not wish it to fce charged that, the object of our special sess.on Is to I'.ke i-4 of a cent from the rate pre s. niMnj for drummers, and add that much t what the dUxens or tha State, who are not habltunl travellers, are required to pay. n is said that the good Samaritan" wus evidently a drummer, os he had a bottle of -wine, credit at the Inn and ' expected to '.'I'" ,PRa,n- Fr,,rn time immemorial they have clever men. able to take cure of themselves and get re- ... i r inemseive. tnit we ... T '"""nene: nt on page Ml In the opinion of Mr Justice Har lan: "In our Judgment it must beheld thst the rMsoiuiblenes or unmron. shlene of rates freribed by a State for the transport!!.! of pcr- ; ' 4 .'Z"' ni on pate Rate Mi sons and property wholly within its llmits must be determined without reference to the inter-State business done by the carrier or to the profits derived from it;" and again o same page: "It Is only rates for the trans portation of persona and property be tweert points within the State that the. State can prescribe. and where it undertakes to prescribe rates not to be exceeded by the carrier. It must do so with reference exclusively to what Is Just and reasonable as between the carrier and the public In respect of domestic business. So that of the terms offered by the Oovernor all that -we can enact Into law is a rate or 2 1-2 cents a mile for carrying passengers, and for the roada exempted by law from this rate, 3 cents. In the bill before tis certain rouble whose mileage, of road In this State is 10O mles or less are allowed to charge 3 cents. This U exactly the rates and length of road prescribed In the bill (a copy of Alabama act) which I offered after I siw that It -was de termined at the last session to have only one rate, and If It -had been en acted all llttgaflon and necessity of this extra session would have been avoided. It in true that I asked to have that bill, Introduced after the con ference committee bad been appointed, referred to the judiciary committee aa 1 wisnea tnat committee to Invest! gate the question of the length of a road as a basis of rates. But this was considered a reflection upon the conference committee and the bill went to that committee. Committors agnum lupo. -Neither hide nor wool was seen afterward but the pre-de- termined bill of t 1-4 cents brought In. But let the dead 4ae bury Its dead, and let u proceed to consider the bill new before us. I confess I had some doubt as to the constitutionality of lengtn or road as a basis of rates but my attention has been called by the Senator from Halifax to ease of Dow vs. Blrdleman, 123 U. S. $80, where the maximum rates fixed by statute of State of Arkansas April 4th. 1887, were as follows: On lines of. railroad 15 miles or less in length eight cents per mile. On lines over 16 and less than ij miles five centat. On lines over 78 miles three cents per mile. In the opinion of Mr. Justice Gray on page 61 it ia said: "The Legislature in, the exercise of Its power of regulating fares, and freight may classify the railroads according: to the amount of business which they havs done or ap pear likely to do. Whether the classi fication shall be according to the amount of passengers and freight car ried or of gross or net earnings, dur ing a previous year or according to the simpler and more constant test of the length of the line of the rail road. Is a matter within the discretion pf the Legislature. If the ami rule is applied to all railroads of the same class, there Is no violation of the constitutional provision securing to all the equal protection of the laws.' I confess I do not like the further separation of "Independently owned and operated railroad companies" which are placed on a different foot ing from roads In same class aa to length of' line. Nor do I see why branch lines should be required to chJtrge only 2 1-2 cents, the same as main line or why the rates for leased railroads should be determined by the rate prescribed for the railroad comr pany, which owns, controls, or operates the same.. Every encourage ment should be given to build branch roads end the operators of. a leased railroad should be allowed fair profit on the business done on such leased railroad. The amendment of the Senator from Halifax will take care of the Warrenton Railroad, and the Jackson and Gumberry Railroad, and to this I have no objection, but I can not think it just that the railroad from University etation to Chapel Hill, 10 miles long, should not be al lowed to charge 60 cents, (a rate of t cents a mile) which the public la will ing to pay for better service, because it Is leased by and is the tall end of the Southern Hallway Company. Not-wUhstandirrgmy-objectlon "Just "stat ed. I shall support the hill, but I can not say this If the amendment of the Senator from Forsyth Is adopted. That section It Is true was in the bill as introduced, and was a part of the Governor's agreement. This would leave this whole question of rates to the corporation commission after January 10th. 1909, and would be only a truce, as the Federal Court would then have undoubted Jurisdiction, and the cor poratlon commission full power to fix rates and be subject to mandamus from the Circuit Court to raise them. I am afraid that this is a Parthian arrow. a that people were staid to be more dangerous in retreat than in attack. Iet us get rid of It. Some Senators have said that the Legislature wit called to ratify the (agreement made and this was a part of It. The con stitution Art. 9, Section , says: "The legislative, executive and supreme Judicial powers of "the government ought to be forever separate and dis tinct from ewh other;" u.nd Art. 111. Section C: "The Governor shall from time to time give the General As sembly ilnrormiitlon of the affairs of the State, and recommend to their consideration such measures as he shall deem expedient." As I said be fore we must glvo due consideration to all matters recommended, but at the same time exercise our privilege to ratify or reject. Suppose that uimendincnt is adopted, will not the railroad companies contend that they have paid money for this yielding of the power to legislate on rates, and under const Kuton of United States, that "no Htute shall impair the obli gation of a contract?" I have insist ed on. Just treatment of the railroads, but I stand now for the rights of the people of North Carolina. Our sucees sirs are to be elected next November and will be la session in January next, and do you Intend to attempt to curtail their power to fix rates? It would only lead to future litigation utter the repeal of your net. It is not right t. put this restriction on the power to legislate. You forget Art. 1 Sect'on 37 of the Declaration of Klghts: 'This enumeration of rlahts sliall not be construed to Impair or deny others, retained by the people; end all powers not herein delegated remain with the people." How can they instruct their Repre sentatives a allowed by Section 15, when those Representatives cannot re dress their grievances? But s me say "let us put In the amendment, so that the Houv will have something to strike out;" that" msy be good politic hut I can tike no part In It. If not right let It stay out of the bill, ss" the committee has derided. Uut you say that the intlrosd were "held up", and unwillingly consented to the omission. For that "hold tip" J tMKe the responsibility, as I oi them it would he v great mistake ' lna,st upon the section' as orig-'nally drawn. The 3 1-2 cent fare has come to stay, and the people want an end of the agitation. The application of t the receivers of the Seaboard Air Line for a higher rate was duly considered by this committee, but it was thought best to put the rates at 3 1-2 cents per mile, except as to the short line railroads. The numerous petitions from railroad employes for I cents have also re ceived careful consideration ' but the commlttte thought best to hold to the agreement into which the 'railroad au thorities have entered of their bVn accord, and trust the fears as to re duction of wages may not be realized. Some Benators may say that they d not like to go back on the record that they made at the last session In sup port of the 2 d-4 rate. When I first entered the Legislature of 1S68-69 annual sessions were held and while more expensive, ft was not an unmix ed evil, as legislators lwd an oppor tunity to find out how their constttu-j ents thought of what had been done, und were better qualified for legisla tion at a subsequent se-ssion. and some times repealed acts passed at first ses sion. If you will turn to Chapter 71 of public acts of 1869-70 you will find "The General Assembly of North Carolina do enact 'Section 1. That all acts passe! t the last session of this Legislature, making appropriations to railroad companies be and the same are hereby repealed. "Sec. 2. The moneys in the State Treasury, which were levied and col lected under the provision of the act mentioned in Section 1 of this act are hereby appropriated to the use of the State government." Those taxes were known as the - . wiu 1 li l . 11., r iavo thought that they were repealed by a succee-.ng Legislature. But I speajc whereof 1 know, as I . was Senator from Orange in both Legislatures, and drew the act, taking this burden off rrom the people of North Carolina, which has never been replaced, and was of counsel for the State before Supreme Court of United States in the case of Temple vs. North Carolina to re-establish these taxes which suit was dismissed for want of Jurisdiction. With what eplrlt then will you ap proach the solution or this question? "Agree with thine adversary, when he is in the way," Both sides to the pending litigation recommend the terms of compromise. But it is urged that the- position which the Governor took to enforce the law of 2 1-4 cents la right and that we ought not to recede. Nearly every law suit is in volved in some doubt As an officer or the Circuit Court and or the Supreme Court of the United, States by reason of being admitted to practice in them, I have a high resect for both courts. Some call the Circuit Court an In ferior court. It is at least equal to our Superior Court, and the Circuit Court of Appeals to our Supreme Court, as both acknowledge only the Supreme Court of the United States asa higher and controll ing jurisdiction. I must do Judge Prltchard the Justice to say that he is In error I cannot see it. amd I do not believe the Supreme Court of United States will so declare. In nmyth vs. Ames. l9 U. S. n fii. Mr Justice Harlan says: One who Is entitled to sue In the reaeral Circuit Court may invoke Its Jurisdiction in equity whenever the estaDllsnea principles and rules of equity permit such a suit In that court may jnvoKe the equity powers of the proper circuit court of the United States whenever Jurisdiction attaches by reason of diverse citlxetHdiln or upon any other ground, of Federal Jurisdiction. A State cannot tie up a cltiien of another State, having prop erty rights within Its territory invaded vj unautnornea acts or its own of ficers to seek for redress in its nivo courts," and on p. 617: "The Circuit court Of the United States slttlna- In equity can make a comprehensive de cree covering the whole ground or controversy and thus avoid the multi plicity of suits that would inevktahlv arise under the statute. The carrier Is made-liable not only to individual persons for every act matter or thing prohibited by the statute, and for every omission to do any act, 1 matter or thing required to be done but to a One. The transactions along the line of any one of these railroads out or which causes of action might arise under the statute are so numerous and varied .that the interference of equity couid well be Justified upon the ground that "a" general decree accord ing to the prayer or the bills would avoid a multiplicity or suits and give a remedy more certain and efficacious then could be given in a court or law. The transactions of a single week would expose any company ques tioning the validity of the statute to a vast number of suits by shippers to say nothing of the heivy penalties named In the statute. Only a court or equity is competent to meet uch an emergency, end determine once for all and without a multiplicity or suits, matters that affect not simply fudlviduala but the interest of the en tire community as involved In the use or a public highwuy and in the ad ministration or the affairs or a quasi publlo corporation by which such highway Is maintained;" and again at bottom or page 618: "It is the settled doctrine or this court that a suit against Individuals ror the purpose of 'preventing them as offi cers of a State from enforcing an un constitutional enactment to the injury of the right of the plaintiff, js not I a suit against the . State, within the meaning of that (XI) amendment." If this bill passes, the suits, brought by the Southern- Railway and bther companies will be ended. In: Thomas F. Hunter, sheriff of Buncombe, vs. James II. Wood, de livered from custody on habeas cormjs issued by Judge Prltchard, as an opin ion of Supreme Court may soon be expected it is useless to discuss ,or speculate upon the final results. . I have-rend with care the brief for ap pellant by Hon. E. J. Justice and take pleasure in saying it is an able pre sen 6 it Ion of his side of the case, but aa a lawyer I must say that there is something to be , presented on the other side,, though I have not seen briefs of appellee. In the case rr nits vs. McUhee 172 U. 8. 616 relied on by appcllairt it is admitted Mr Justice HarUn used this language! "There were no exceptional or extra ordinary circumstances in these cases to have Justified .the interference hv the Circuit Court under writs of naness corpus with the trial of the indictments round in the State courts- so that the only question be fore the Supreme Court Is whether the rule or the exception wj prevuil. the rule being tha( the United States court is slow to Interfere with a trial In a tMte court, but will do so under extraordinary Inrumstanres and in cases of great urgency, that require to, be promptly disposed of, and for the purpose of Inquiring Into the causes ef restraint of liberty .f any person ii) custody under the authority of a State jn violation of the con stitution, or where the petitioner - in cu;dy by State authority for an s-t dose or omitted to be done In pursuance ,,f Uw of the United States, or an ordr. process or decree of s reirrt or Judce thereof. The petlU'mer lltus that the at ex- ception flts his case. It is singular that 4n the enforcement of State's rights. Art- 1. Sec. & of our constitu tion is o'erlooked: "That every cltl csn of this State owes paramount allegiance to the oonatltotkm and government of the United States, and that no law. or ordinance of the 8tate in contravention or subversion thereof con have binding? force." - Let us acknowledge: , There's a divinity -that shapes dur ends N ' Rough hew them how . we will." We have a grand opportunity, not often presented, to bury all thought of self and do only what Js Hght and Just, for as the poet tells us: "Men may rise on stepping stones Of their dead selves to higher things." I wish sow to say to the Senate and Its presiding officer that. while I thought I had .a right to criticise his conduct In Ignoring me -. (then chairman of the railroad committee and after the Senate had almost unanimously passed my bill for 2 1-2 anil 2 cent rates) in the appointment of the conference committee, stllll in anger and resentment I may have exceeded the bounds of parliamentary; speech and I wish now as publicly as then stated te retract every remark not jus tinea ana exceeaing my nguis and privileges as a Senator, and also to acknowledge that notwithstanding what I said I have no reason to com plain that since then the presiding of fleer has not extended to me every right and courtesy to which I was entitled. (Here the presiding officer, stated that he was glad to renew a friend' ship of many years, that he had In from Orange and calling Mr., Holt to the choir went to the seat of the Senator and extended his hand which was accepted and the Incident closed) It Is told that a good old Presbyterian divine in the prayer at the dedication of the monument in New Orleans said, "Oh Lord, when in Thy wisdom thou didst determine that the South ern Confederacy should not succeed Thou found tt necessary " to remove thy servant Stonewall Jackson." Looking back upon the matter more calmly, I should consider the refusal to put me on the conference committee as the highest honor that could have been paid me an acknowledgment that it was thought at the time that if I had been on the committee the 2 1-4 cent mte could not have gone through, notwithstanding all the pressure brought to bear to force Its- enact ment. As to the manner In which we should consider the whole question, I know of so advice equal to that which I heard from one of the counsel for the State In the great Impeach ment trial on this floor: "For my . own part X have to say to every puhllo man In regard to his public life what , the great poet represents the angel as having said to our first ancestor in regard" to his natural Ufe:r 'Nor love thy life nor hate, ifiHut wllat thou llvest- llv we"i How long or short permit to Heaven. Our duties are to be done; to be done candidly, prudently, but at the same time fearlessly." It is told In hlatory that In the battle of Cressy in 1346. John, king of Bohemia, who was blind was advised that he could be of no service In the fight, but calling for two of his bravest troopers he had his horse lash ed '.to theirs and In the thickest of the . fray the royal standard was borne. This old king, whose name I am glad, I bearwas killed covered with the corpses of English under the Black Prince. The motto, beneath his plume was "Ich Dlen." "1 nerve," and in compliment to his bravery and devotion to duty wus assumed by his opponent and ever since has been the motto of the Prince Wales. Let us feel that we are but servants of the people to do their will, and I trust at the end of the session will receive their plaudit, "well done, good and faithful servants." Personally I would like In answer to the petition of railroad employes to put the rate as high as 2 3-4 cents a mile, to prevent reduction of wages. To those who labor with their hands, and in the sweat of the face eat bread, there comes rest, for are told "the sleep of the laboring man Is sweet." I know that after the brain has been over worked "sleep comes not to the eyes, nor . slumber to the eyelids neltherdqJthe temples... of thahead take any rest," and you who have been counsel for defendants in capital cases can well understand how great the strain Is. But many of these em ployes night after night have to spend the hours that should be given to sleep in devotion to duty and the killed and wounded from accidents equal and sometimes exceed the casualties of war. I would be glad to grant the request of those who die as heroes at thelr posts In fidelity to, their obligations and often to save the lives committed to their care. . ' . Now a few words personal to myself and I am done. Forty years ago this month I wus striving with Plato Dur ham and others In the constitutional convention of 1868 to preserve ' some remnant of our old system of govern ment, and to, keep alive resistance to Innovations ws did not desire, Elected as a delegate from the County of Orange, which (with the exception of Currituck) was the only county In the State to vote against calling the convention. I naturally opposed the measures adopted. When the children of Israel would not go forward as directed by the - shortest way to Palestine the . curse was put upon them that they should wander in the wilderness until all who came oat of Egypt 20 years old and upwards should have passed away. Forty years was the .time required, and ail save the two excepted from the curse died by the way. So of those who were then In public life with me few remain. Through that convention end as Senator from Orange for four subsequent years, I tried' to serve my people. Again in 1878 and 1877 when we had regained the State government I served as Senator from Orange, and I know the people of the State expected something from one who fills that position. I have not "been In public life since until 1908, when demand came which I could not refuse to yield my services to help settle rail road rates and other vexing questions of public concern. In 1S93 as a dele gate at Chicago, during the night when the rain was pouring through and we did not know, but what the roof of the wigwam might come In on our heads I was one or those who with the dawn helped to place at the head or the ticket the grand' old pilot, who, I believed, entrusted with the guidance or the ship or State, would nmld I he howling of the financial storm then evidently approaching, keep the rudder true. ' . I have been of his faith snd believe that the gold standard, wis right snd lhat hen, the sur Was. taken from the heaven snd the moon put' In Its place we would award supremacy to silver that as the moon only throws back the light which the sun nutm tipon it. so the value of sliver Is equal to the raU it bers to gild and In the paanclst world shines with -r-! Retted light. It Is not pleasant to differ with those of your own" faith. I thought the erase for a straight two cent fare was- but another lunacy, certainly impracticable for all rail roads south pf the Potomac, and am glad ' the -crate has "ended, 'of course .some with only lucid intervals and needing to be restrained and I am glad during this session to have given untiring; effort to , accomplish this resuu and to carry out the programme of peace and good will to all the pub- He service corporations, over, whom our right of control as to fares and freight , is now acknowledged. My steps ere towards , the setting sun ana when I go below the horlxon I trust there may be an afterglow shedding; a pleasant memory of one who tried to follow the advice ' of Polonlus to his eon. ."This above all! 1 . .' To thine own self be frue And it must follow, as night the day. Tbou canst not then be false to any Tlhie .Questions.'- Bos F. O. Kindly tell me how to trans fer printing and pictures from a newspaper to white paper. A. One method Is to coat the pic ture with a weak solution of nitric acU, and lay the white paper on it, p reusing all over with a spoon or sim ilar tool. The solution should be one to three and a half per cent, ac cording; to the 'strength of the paper from which the picture is taken. M. B McL. I would like to know where to find the date of Christ's birth; a neighbor does not keep the 26th of December because,' he says, Christ was born that day and he claims to be a minister, too. - A. -The date la not known. . As stated In this column a few days ago, It is not probable that Christ was born In December, and many believe that his birth occurred several years before the usually accepted date. L. A. What county Is Salisbury, N. C, In and what is the address of the county clerk? . , A.- Rowan county. Address office of the county clerk, Salisbury, N. C, J.- Where could I get the address of the Carnegie hero fund? (2) Can you name the colonels of the Creek war? .(3) Would a letter addressed to the Bank of England with refer ence to a legacy receive any reply without the aid of a legal advisor r A.- Write George F. Camp, iecre tary, Plttsourg. Pa. (2) No. (3) That would depend upon the nature ot inquiry. Any proper information would doubtless be given in response to a request. D. M. What ia the 2iihest portion of the Andes? (2) Why does the constitution allow each State two Senators, while representation in the lower house depends upon popula tion? (8) Why was the constitution so framed that Senators should be elected by state Legislatures and Rep resentatives by direct vote of the peo ple? (4) How are the judges of the united states Supreme Court elect ed? Why not by direct vote of the people? (?) What la the cause of animal heat? (6) What connects the veins and the arteries? A. The chief summits are Aeon cajua, 6ocata, IUlmanJ, Chlmborazo Cotopaxl. Antlaana, Tollma, etc. (3) Because the founders of the govern ment believed that two senators could adequately represent - each State, no doubt. (J) The Senators represent the States, and, therefgore, should be elected by the States. This is ac complLshed by delegated power.- The Representatives represent the people, and It is equally proper that their electron should be by the people. (4) They are appointed by the President. They are not elective because It Is wholly undesirable that the highest court in the land should be the foot ball of politicians. (5) The cause of the sensation of heat has never been explained. The creator of life creat ed with It animal heat, and no one knows why. 8) Technicalities apart, there Is no distinction between arteries and veins, except as to size. Veins, are the continuation, of arter ies. - . ... Schoolboy. Is- there any' present agnation or tne question ot tne pro motion or immigration? What argu ments can be nrade In favor of the question? (2) What was the number of , immigrants last year? (3) Are any out Chinese prohibited from im migration? : A. The question of prohibition of immigration la not seriously consld ered. The question of, restriction ia always more or less in sight.' I know of no reason why Immigrants should be prohibited, and there are hundreds of reasons why they should not. (2) 1.285,349. (3) The laws exclude Chinese, and any contract laborers. Idiots, imbeciles, feeble-minded,- epi leptics,' insane persons, paupers . and those likely to become a public charge, criminals, anarchists, children under 16 unless accompanied by par ents, etc. J. . P. -I want to ask you a ques tion about bird dogs. is the smooth haired dog the pointer, or the set ter? A. The pointer is a modified hound of medium size, differing from the setter in being close-haired. When game Is scented the pointer stands stiffly, with muzzle raised and stretch ed toward tha game, the tail .straight out behind and one fore-foot usually raised. There are three distinct va rieties of uettei' the Irish, which are of a solid mahogany-red color; the Cordon, black with red or tan marks on ,the sides of the muzzle from set on or neck to nose, on the hind legs below the hocks and on the forelegs below the knees; and the English, which are divided Into two classes, Llewelyns and Laveracks, the former fielnj black, white and tan In color, the latter black and white. Origi nally the setter got the- name from its habit of crouching tohen game was srented, but It has been taught to- stanJ rigid, like the pointer. The setter has the longer coat. R. W. G.i Yc-a can address any of the men you ask about at New Tork City, but your time and labor will be wasted. Men who have vast interests to care for do not spend their time reading letter from strang ers or answering them. Louise. Are there any metals used for coins other than those used In this country like gold,, silver, cop per, etc.? A. Bronze coins are used In west ern Africa. Aluminium Is usej In Uganda and the Nigerian protecto rates. At some time. or other nearly every known metal has been used for money. Aluminum has distinct ad vantages in that it Is light, and. it is the best - -non-germ-bearlng metal known. - ... J. L. X. I there snv wsv that woolen, sweater can be shrunken, so it will fit better? A If it is alt-wool, soak It a few hours In warm lather of soap and water, drying it quickly. If necessary the precess may be repeated. :, . , - A. G. How long Is the raliroaa trestle across Great Salt Lake? A.- Twenty-seven and a half miles. ' A. J. D. I cannot place the coin you describe. Some of the words are German, but "Liberty" is Incon gruoua Probably it Is not a coin, but a token of some sort. A. McC. -Is there any way ' to brighten linoleum which has become faded by wear? ... ', A. Remove all surface Just snd wash with milk. After it Is .dry polish with beeswax and turpentine. ana It will look like new. f Asa ."What is meant and "quadruplex" in telegraphy? 1 A. On a single ire system t wo r p erators at opposite cads of the wire may send different msges In dif ferent directions st the same ilme. By duplex system tw operators' may work at opposite en-Is. sending d!! ferent messages. The quadruplex enables eight operators to work on one wire. ' D. E. B. What are the dimensions of the steamship Lusttania, and how many passengers can she accommo- A. Length 785 feet-width 38 feet, depth 78 feet, accommodations for 3,100 persona "Her complement Is 827 people, and she contains 25 boilers, 192 furnaces, snd can gen erate 70,000 horse-power. E. E. How can an old pewter tea pot, darkened from ace, be cleaned? - A.- Wash carefully in . hot "water and v fine sliver sand, and polish with a leather chamois. . Girl. Who was the writer 'of Sher idan's Ride? . 'Ol. . s A. Thomas Buchanan Read.. V A. M.C. Is It possible to clear a mattress of bogs? - A. tes. . Thorough fumigation, with csrboilc acid will ward them 'off a .long time. ' , T tx ' t -urhi.K ct-1- 1... birth to most President, Virginia or Okl. . ... ... A.-Vlrg!n1a has given birth to seven, though onlv five resided there when elected. Six Presidents have been elected from New Tork, though only three were born there. - Five were born In Ohio, and four have been residents of the State when elected. . Muff -Members of the Parliament of Great Britain serve without pay. f, . SOUTHERN WATER POWERS. - Opportunities For DeTeloppment ; Sc nunucnui mat , --tieagreness 01 Present Use Is Surprising Some Interesting Fact Bulletin U. S. Geological Survey. The streams whose headwaters lie among the' peaks of the .,. Southern Appalachians, flowing westward to the Mississippi or eastward to tho Atlantic, furnish opportunities for the development of water power so wonderful that the meagrenosa of their present" use for this purpose' la little less than marvelous. The po sition of these rivers as prime fac tors In the industrial growth of the South is well recognized, and ' the power development that has taken uiace in in resion in us watered ia unparalleled In any other portion of the . United States, i Yet the amount of power utilized Is Insignificant when compared with the immense re sources of the region. ' ' Engineers of the, United States ge ological survey, after making a care ful study of the streams, the quan tity of water they carry, and their fall In various portions of their courses, have estimated that they afford a minimum of about a.800. 000 horse-power, at least SO per cent. of which, or 1,400,009 horse-power, Is available for economic develop ment. These figures, it should, be noted, represent the minimum horse power. If auxiliary power were pro-, vlded to supplement the water In short seasons of deficiency, 3 1-3 times this amount might be profit ably utilized; and If the-, flood ' wa ters could be stored and the flow of the streams properly regulated, the minimum -power available . for eco-. nomlo development might be Increas ed from three to nKeen times. It Is evident, therefore, that an estimate of the present value of these water powers, based on 60 per cenU of the minimum Indicated horse-power, has so many factors of safety that ia very conservative. ,-r- An extremely low average of the nnuni rental value of water power Is 320 per fcorse-power per year. The rental value of 1,400,000 horse-power would therefore amount to- 323.000,- Ann whleH a eoulvalcnt to an ln- come Ot 3 per cent, on a, 3933.000,000. But tne resource tt-v- resented by .this water power Is far greater thftn its present market value. The enormous ana wwinm consumption of fuel Is so rapidly de pleting the supply that it must be come more and more costly. As a result the present disparity between the cost of fuel power ana water power will constantly increase. and the demand for water power will Increase accordingly. . Th .ifimatci of the engineers of the survey are based on the present , condition of the drainage area, but if the abuse to which which much , ..niAiiA region has been, and Is being subjected Is continued, the available power win oe largely .-- duced. The ameunt ot power can profitably be developed from any stream la governed hy the length and severity of the low-water aeason not by the height and violence of the finAifa. The more uniform the flow Of a river the more valuable be e.moa for nower as well as for all other purposes, and this uniformity . Is dependent solely upon me i-ouui-tlon of the land surfaces.. An up land bared of forests, with surfaces hardened and baked Dy exposure, dis charges Its fallen rain so quickly that its streams are suDjeci o fri floods, and In the' dry season m Is no water left In tne groyno. v supply a flow. In the Southern Appalachian re k nrinetnal abuse to be guard ed against Is forest devastation, and ttfe only way to prevent this Is to set the region apart as a national park. Should the government take, this action, the presrvatlon of the for ests of this region, which are of nek enormous value ' as prime fac tors In. river control. Including navi gation, water power, water auppir and flood prevention would be ss ...r4: int the comparatively small expenditure necessary to acquire th nrnertr could hardly be considered otherwise than a good investment when Joeked at from the modern bus iness viewpoint. - - Some people talk optimism and practice pessimism snd then wonder why business don't start up with a rash. Answer because there era p many people doing Just the asms , thln. . N
The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 16, 1908, edition 1
2
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