trt II r I II I
CM AA "V "This Argus o'r the people's rights No sootMngstrains of Maia's son (!- AA 0 "V"OT,
tpl.UU 3, 163-1. Doth an eternal vigil keep ; Shall lull itshundred eyes to sleep." p.UU d lcdl,
VOL.. XXTlT eOLDSBOBO, K C, THURSDAY, JAKUAEY 23, 1908. NO. 3Q
The
lovernor s message
:o
Read in Both Houses of the General
Assembly Tuesday,.
It Deals With Railroad Rate: Urges Appointment
of Extra Judges, and Strongly Advocates
Enactment of State Prohi
bition Law.
(Special to the Argus)
Raleigh, Jan. 21 The following is
the lull text of Gov. Glenn's message
read before both braneh.es ol tbe
Legislature convened here in extra
ordinary session today.
To the Honorable, the General Assem
bly of -North Carolina:
Gentlemen: Under no circum
stances is it a pleasant duty to con
vene the General Assembly in extra
session; still the Constitution, Article
III, section 9, provides that "The Gov
ernor shall have power on extraordi
nary occasions, by and with the ad
vice of the Council of State, to con
vene the General Assembly in extra
session by his proclamation, stating
therein the purpose or purposes for
which they are thus convened."
To me it seems plain that such an
extraordinary occasion has arisen, and;
so, by and with the consent of the
Council of State, I have felt it my
duty to call you together to consider
the question of an adjustment of the
passenger and .freight rates charged
by the various railroads doing bust
ness as common carriers in the State.
In order that you may have a proper
understanding of the present condition
of affairs, it will be necessary to re
vert to the past and give a brief his
tory of all matters appertaining to
the rate controversy Irom the time' of
your last session up to the terms of
fered by me as Governor and accepted
by the railroads, subject, of course, to
your approval and ratification.
In my message to your honorable
hody at your regular session I used
this language: "I would urge upon the
General Assembly to carefully exam
ine the whole matter Df railroads, and,
while doing everything the law allows
in protecting the people against .unjust
discriminations, heavy rates and un
necessary hardships, -at the same time
to treat the railroads with perfect
fairness and give them every legal
right which belongs to them. Rail
roads are the great arteries of com
merce, and have been the means of
building up our resources as no other
factor, and, therefore, should be look
ed upon, not as hostile, but as one of
the State's most helpfnl agencies." I
then recommended a flat rate of 2
cents per mile for passenger fare .nd
a mileage book of 2 cents; also, that
railroads be required to remedy delays
of their trains, have a limit set to
hours of service .of their employees,
keep their road-beds in good condition
and pay their fair proportion of all
taxes, and then should be protected
against injustice, such as is often
practiced on them by trespassers and
unjust litigation. With what sugges
tions I could offer, and with the sworn
report of the railroads before you,
after a full and able discussion of the
bill in both houses, no joint conclusion
could be reached, and a conference
committee had. to be ordered. This
committee reported a flat rate of 24
cents per mile, which report was rati
fied and became the law of the State.
After the law was enacted I tried to
induce the railroads to acquiese
until a fair test would demonstrate
whether the new rate was confiscatory
or, on accoun of increased travel, was
remunerative. Some of the railroads
at once agreed to put the law into
operation, but others refused, and
prior to July 1, 1907, when the law
became operative, went before a Cir
cuit Judge of the United States for
the Eastern District of North Carolina
and obtained a temporary injunction
against the Corporation Commission
and Attorney-General, forbidding them
from putting the law. Into effect. At
the preliminary hearing, without find
ing the rate confiscatory, and not heed
ing the plea made to the jurisdiction
of the court, the Circuit Judge con
tinued the injunction to the final hear
ing, and ordered the Standing Master
to take evidence and make a report
as- to whether the rate fixed was con
fiscatory of the property of the rail
roads. On July 1, 1907, certain railroads
refusing to recognize the rate fixed, a
Superior Court Judge instructed . the
grand jury to indict their agents for
selling tickets at a higher rate than
that fixed bythStatiite. Feeling it
my sworn , duty to uphold the law
passed by your honorable body, re
gardless f the amount fixed, I ad
dressed a letter to all the State
Judges, asking them "to properly
charge $he grand juries and to direct
the Solicitors to send bills against
the agents and employees of the rail
roads, or their higher officials, thus
openly acting in defiance of law." In
that letter I recommended that only
enough indictments be made to test
the validity of the law in all its
phases, and not to needlessly harass
tbe railroads.
Several railroad agents were in
dicted, 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 habeas cor
pus discharged the defendants from
the custody of the State's officers. For
a while a conflict between the Federal
and' State authorities seemed immi
nent, but coolness on both sides was
exercised, and it was agreed that the
railroads should recognize and obey
the law, pending the test of its con
stitutionality, and that the equity suit
indictment and habeas corpus proceed
ings should be prosecuted to a speedy
conclusion. In taking steps to uphold
the law enacted hy the General As
sembly only one motive actuated me
and that was, while not wishing to
mulct the railroads with costs or need
lessly imprison leir agents, simply
to compel them, the creatures, to rec
ognize that the State, the creator, was
sovereign and supreme and its laws
had to be obeyed until some compe
tent-court declared that said law was
unconstitutional and therefore void.
The equity suit and criminal pro
ceedings moved very slowly, and,
financial crisis Shaving 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 I suggested the following
terms as an equitable adjustment of
the entire matter, subject, of course
to your approval:
The changing of .the flat intrastate
rate of 2 cents per mile to a flat
intrastate rate of 2 cents per mile
fifteen cents to be charged extra for
persons boarding tralnst without tick
ets when tickets could be obtained
in a reasonable time before departure
of train, and the repealing of the pen
alty and misdemeanor clauses in the
act of 1907; this, however, only to be
done when the railroads operating in
the State Except those exempted by
law agreed on their part to a reduc
tion of the present interstate rate of
3 and 3 cents per mile to a 2-cent
rate, thus making interstate and in
trastate rates uniform; also, the rail
roads to issue a mileage book of 2,000
miles for heads of firms and em
ployees, not exceeding five persons,
names to be entered at time of pur
chase,, said hooks to be interchange
able on all solvent roads and inter
state and Intrastate at 2 cents per
mile; also, an individual mileage book
of 1,000 miles, interchangeable, inter
state and intrastate, for 2 cents per
mile; also, a family mileage book for
heads of families and dependent mem
bers of family, names to be entered
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 State's costs in the
various suits.
The railroads agreed to these de
mands, except the payment of tbe
money and the 500-mileage book for 2
cents. They claimed It was impossible
for them to operate with such a mile
age book, a4t woald 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 ge. this re
duction, and seeing some force in
their contention, it was agreed that
the family mileage book should be
fixed at 2 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. It
was also agreed that, if, after a rea:
sonable time, to-wlt, twelve months. It
should be ascertained that the rate
thus agreed upon was excessive on the
one hand or confiscatory on the other,
upon application, the Corporation Com
mission should have the power, after
full and fair hearing, to raise or
lower the rate fixed, subject to an ap
peal to the courts.
Some seem to object , to the require
ment that the railroads pay the sum
of $17,500, but believe this objection
comes from the fact that the proposi
tion is not understood, and they be
lieve this amount Is to help defray
the costs of convening the Legisla
ture. I demanded this money for these
reasons: I did not believe the rate
passed by your body was confisca
tory. I felt a wrong was committed
by the railroads in bringing their suits
before giving the rate a fair test.
When the railroads got their injunc
tion they not only had the Corporation
Commission, the Attorney-General and
Assistant Attorney-General enjoined,
but also the attorneys employed by
the Corporation Commission; hence,
when the railroads refused 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 railroads, 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 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 believing that
the Minnesota case and the habeas
corpus case from Asheville now pend
ing in the Supreme Court of the Unit
ed States would definitely settle and
define the respective rights of all
parties, it was agreed that, even
your honorable body accepted and ap
proved the agreement, the case in the
Supreme Court should not be affected
thereby, but should proceed to final
judgment.
Other States Agree.
themselves, it behooves the State,
through its lawmakers, to meet them
in the same spirit of equity and do all
It can to aid them, provided it in
no way destroys the rights of the
people;
Again, I trust you will solve this
complex question by approving the
terms agreed upon, thus restoring
peace and harmony and putting all at
work once more for the upbuilding of
our beloved State.
Freight Rates.
In regard to freight rates, I suggest
one amendment to section 1, chapter
217, Laws of 1907, by adding at the
end of said section these words:
'Provided further, that this act shall
not apply to independently owned and
operated railroad companies in North
Carolina whose mileage of road in
said State is one hundred miles or
less." The reason for this recommen
dation is, that the amount of freight
shipped on one of these little roads
from one station on its own line to
another station on its line is not over
five or ten per cent, of its shipments,
while from a point on its line to some
point on the line of another road Its
freights would amount to from ninety
to ninety-five per cent, of its ship
ments; while the shipments of the
large roads to points on their own
lines is from severity to eighty per
cent, of their shipments, while their
shipments to points in the State on
other roads would not exceed twenty
or twenty-five per cent., being a dis
crimination so "largely against the
small roads as topmost seriously affect
and injure them, and, therefore, de
mands relief.
Discriminations.
One of the most serious complaints
low existing against railroads is the
c iscriminations made by them against
the cities and towns of North Caro
lina in favor of like cities and towns
in other States, notably Virginia, by
leason of which jobbers and whole
; ale merchants in Virginia can under
sell the same class of merchants in
orth Carolina. The cause of this is
The States of South Carolina, Geor
gia Alabama and Tennessee, and prob
ably Virginia, have agreed to the same
terms offered by North Carolina, thus
giving a uniform rate and mileage
books over the entire South.
I have given this matter a most
careful Investigation, tried to protect
in every way the rights of the State:
and, in coming to the conclusion that
the settlement reached is both jmst
and equitable to the State and the
railroads, I have had the advice and
assistance of some of the State's
truest, ablest and best men. However
I discharge my duty by obeying the
Constitution and laying the matter
before you, as you alone can enact
laws. I think it wise to settle the mat
ter. I believe the terms are fair to
all, and, therefore, ask you, the law
makers of the State, if consistent -with
your sense of right and duty, to ap
prove what has been done.
Rate Fixed Not Confiscatory.
The rate fixed by your body at its
last session, in my judgment, though
less than the amount recommended in
my message, was? not confiscatory
but was just and based on the reports
of the railroads themselves, and, there
fore, was in no sense a wrong; and, if
the railroads had given the rate a fair
test, without having made the people
hostile to them, I firmly believe, as
shown by the evidence taken In the
pending equity suit, that said rate
would not only have proved both equit
able and remunerative, but in ex
cess of the previous earnings. But
times have changed since you last
met, and all business has suffered by
the stricture in the money market.
Disclosures made in the financial
world showed fraud and corruption,
gambling on the stock market, the
withdrawal of money from circulation,
thus bringing about unrest and dis
trust, together with many other causes
which have seriously affected all se
curities, making stock values decrease
and credit -hard to obtain, until, not on
account of the little reduction of fares
to 2 cents, but for the reasons above
stated and many others, railroads, like
individuals and other corporations,
have been crippled in their operations,
have had in many ways to curtail
their expenses, cannot borrow money
to carry on their business, and, there
fore, need all legitimate help that can
be given them, not inconsistent with
the rights of the people and the State.
They claim , that, if all matters of dif
ference between them and the various
States can be adjusted, confidence will
be restored, their' securities more eas
ily placed, and they be enabled to con
tinue their contemplated improve
ments. No one but a demagogue would de
sire to injure railroads simply because
it can be done, but should only wish
to Tequire them to deal justly with the
people; and now that the railroads
have recognized the sovereignty of
the State and come forward, agreeing
to terms alike fair to the State and
tfie rate given by the Norfolk and
western and Chesapeake and Ohio
railroads to Roanoke, Lynchburg and
Richmond, :being the same rate given
to Norfolk, Va., on account of its water-rate
competition. To meet the rate
of the railroads above named, the
Southern, the Coast Line and Sea
board railroads had to give the same
rate, and so haul freight through
North Carolina to Virginia cities for
a less amount than they haul to the
cities of North Carolina; and often
our shippers can better pay the
through rate to the Virginia point
plus the local rate back to the North
Carolina point, than pay the through
rate in the first instance to the North
Carolina point. This can and should
be corrected. The Corporation Com
mission "has now institued proceedings
before the Inter-state Commerce Com
mission against the Norfolk and Wes
tern Railroad for discriminating in
favor of Lynchburg and Roanoke, Va
on its line, over Durham and Winston
N. C, also on its line. There can be
no defense made for this unjust- dif
ference, and we feel assured that the
Interstate Commerce Commission will
correct the discrimination as to these
points in North Carolina. When the
Norfolk and Western is thus forced
to adjust the rates for these two cities
in North Carolina, competition will
compel the other railroad systems to
give the same rates to these points,
and then they will be compelled to
give them to other North Carolina cit
ies, else there will be discrimination
between points in North Carolina,
which is forbidden by law. Hence, we
confidently believe that this suit and
similar ones will entirely correct any
unjust discrimination against North
Carolina shippers, jobbers and mer
chants. This being -an interstate queer
tion, It can coaly be reached through
the Interstate Commerce Commission?
and, in order that these suits may
be successfully pushed to an early
hearing and termination, 1 respectful
ly ask that a sum not exceeding $5,
000 be appropriated for carrying on
an investigation fraught with so much
benefit to our people. At the last, ses
sion a bill making this appropriation
passed one house and two readings
in the other, but In some way failed
to become a law.
Other Important Matters.
When I called the extra session,
with the advice of the Council of
State, only one object was consider
ed, and that was the rate question.
Other purposes, however, than those
which I convened you to consider will
doubtless be brought before yOu; and
If, In your wisdom and after the most
mature and wise deliberation, you de
cide to enact other legislation than
that embraced in my call, there are
two matters, imperative in their na
ture, to which I would most respect
fully call your attention.
Better Court Facilities.
Tbere Is a defect in the present ju
dicial system of the State. If a Judge j
Is sick or detained from his courts
by unavoidable accident, there is no
provision to remedy this omission, un
less some other Judge can find time
from his own courts to ride the cir
cuit of the sick or absent Judge. This
could easily be remedied by establish
ing two small additional districts, con
sisting of a county each, so that the
Judges riding these small districts
could, when not engaged with their
courts, hold special terms and take
the place of the sick Judges. The
Ninth Judicial District lost its entire
circuit this fall by the serious illness
of the Judge, thereby causing a loss
of thousands of dollars and leaving
persons in jail who were entitled to
speedy trial. Such instances have
happened before and will happen
again, and, therefore, should be remedied.
Prohibition.
.There Is another matter that doubt
less will engage your most careful
consideration. I allude to the ques
tion of State prohibition. The people
of North Carolina are determined to
make a trial of prohibition, and the
only thing to decide is when and how
this can best be brought about. The
curse and degradation of the liquor
traffic is fast becoming a stench in
the nostrils of decency, and there is
an imperative demand coming to you
from every section of the State to
drive out these places of vice and
wickedness, and to convert the money
thus wasted in riot and drunkenness
into channels of business, thrift and
industry. . Every one in the State
knows my views on the liquor ques
tion, for, publicly and privately, I
have contended that, both from an
economic as well as a moral stand
point, the greatest blessing that could
possibly be given the State would be
the prohibiting of the manufacture
and sale of intoxicating liquors as a
beverage anywhere in its borders
So firmly am I convinced of the sound
ness of my views on the subject of
liquor being a curse to the people of
the State, that, if the power to act
were vested in me, I would not trou
ble your body to consider the matter,
but would at once free our land from
this monster evil that, In my opinion,
is the source of a thousand woes and
scarcely a single blessing.
When I issued the call for this spe
cial session I did not know whether
the voice of the people could now be
heard, or whether it would have to
wait until the regular session; but so
quickly has the demand for relief
crystalized throughout the entire State
that it would be utterly wrong to
deny the people a hearing upon a
matter so vital to their public and
private life.
I would not put my judgment against
that of the one hundred and seventy
members who compose your honorable
body, all of whom are just as patriotic
and many far wiser than I; still, after
visiting the people in every section
and hearing and knowing their views,
as I do, I am thoroughly satisfied that
no act ever passed by any legislative
body in North Carolina would give
the joy or be more generally endorsed
than would be the act of this General
Assembly in giving prohibition- to the
entire State.
Under the Watts, Ward and other
similar bills, by legislative enactment
prohibition was given to all rural dis
tricts, until at least four-fifths of the
State's territory thus had prohibitory
laws. These acts have produced good,
and not evil, and have been endorsed
by the votes of the people In three
general elections. Also, under the
same laws, villages, towns and cities
throughout the State have declared
for temperance, until ninety per cent,
of the entire territory of the State
now has prohibition. Thus we know
the will of the people, for they have
spoken by their votes in no uncertain
sound, until all agree that it is inevit
able that liquor must go. So, why,
then, entail needless expense and en
gender bitterness by local fights, when
by your act, carrying out the will of
a majority of the people, you can set
tle this matter at this session?
Pass the law let It go into effect
July 1, 1908, and before the general
election in November all agitation will
cease; for, as well said by one of
North Carolina's wisest statesmen, "A
liquor dealer without his liquor is
about as weak as Samson shorn of his
locks." Refuse at this session to dis
pose of it. It will enter into the next
campaign, be the issue in many coun
ties, and cause confusion and strife;
whereas by action now you destroy
the factor that would make this agi
tation. There Is only one question for us
to , ask, and that is, What is right?
And when we know what is right, let
us have the courage to do the right;
and what is right 'Will prove what is
both expedient and best, and will re
ceive the approval of all good citizens.
All know the whiskey traffic is an evil.
We talk of the wrongs of a protective
tariff, the ills and .crimes engendered
by monopolies and trusts, but all the
evils and iniquities of the tariff, or
the robberies and oppressions of greed
and monopoly together do not begin
to compare with the sorrow, the ruin,
the misery, the crime, the poverty,
the madness, the vice, the degradation
the death and the damnation produc
ed by strong drink; and, therefore, in
the interest of business, for the pro
tection of helpless women and chil
dren, for the suppression of crime, the
amelioration of want and poverty, the
prevention of disease, the preserva
tion of life and the salvation of hu
man souls, In the name of more than
a million true, brave, pure and noble
North Carolina men, women and chil
dren, I ask you at this session to
abolish this demon of destruction! If
you do this, your act will be the wis
est and best ever passed by any leg
islative body, and will be ratified and
endorsed by the good people of the
State. But, whether you follow my
suggestion or not, I will always feel
that no act that I ever did was more
for the uplifting and upbuilding of the
entire State than my message for
State prohibition.
Again I commend to you the propo
sition to settle the rate controversy
upon the terms offered by the State
and agreed to by the railroads, sub
ject to your approval. Your action at
the last session was based on the rail
roads' reports of earnings, and was,
therefore, just and not wrong. When
the railroads refused to recognize
your law, by a strong hand the roads
refusing were compelled to obey and
to admit the sovereignty of the State;
but now, when the railroads have
agreed to the State's terms, which
give a fair and reasonable rate, not
only to our own State, but to all the
South, we can afford to lift the hand
that enforced the law and give it in
relief to a needy subject, especially
when in giving relief to the subject
we receive equal benefits to the sov
ereign, thus showing how a State can
be strong and at the same time just
and protecting.
If this Legislature, having seen its
laws enforced and obeyed, will at this
session ratify an act that will bring
peace and harmony among all contend
ing interests.and at the same time pas3
an act lifting the curse of strong drink
and bringing order and soberness into
our borders, it will have performed
two acts that will make its name im
mortal and be forever remembered as
a blessing to the State.
Wishing each of you a happy so
journ at our Capital City, and ex
tending to all a most cordial and
hearty welcome. I close my message
by expressing the belief that, actuated
by high and patriotic motives, you
will do your full duty to the State and
pass such laws as to you seem just
and right. I bid you God speed in
your work and ask Heaven's blessing
on all you do. Respectfully,
R. B. GLENN, ?
Governor.
i4
I
D
or
that
and ruff
There is one thing that will
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SARSAPACILLA.
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E. W. HILL J. LEON WILLIAMS.
Hill & Williams,
Attorneys - at - Law.
ROOM 3 HEADLIGHT BUILDING.
W. H- WHALEY& CO., Inc.
Mill Supplies and Machinery
' ... . 74 Commercial Place,
Norfolk, Virginia..
C. M. JENKINS, Secretary. Both Pfcoaes 157
FA RM FOR RENT I offer fer rent
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leaf containing about 47 acres t
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