North Carolina Newspapers

L .11 Ma 5r a Year, la Adranca. "FOR GOD. FOR COUNTRY AND FOR TRUTH. 1 VOLX.VIII. PLYMOUTH, N, .0.. FRIDAY, J A NUARY 244 I908. NO. 34. iff 3vil r MM! H nn r 151 IK M 4 the Recommendations to Extra Session of The Legislature RATE CASE C0MPRSM1SE Governor Glenn Also Recommends the Enactment of a State Prohibi tion Law at this Special Session. To the Honorable, the General As- sembly of North Carolina. , Gentlemen: Under no circumstan ces fa it a. pleasant duty to convene the General Assembly in extra ses sion; stijl the Constitution, Article III, section 9, provides that "The Governor shall have power on extra ordinary occasions, by and with the advice of the Council of State, to convene the General Assembly in ex tra session by his proclamation, stat ing 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 busi ness as common carriers in the State. In order that you may have 41 proper understanding of the present conditions of affairs, it will be necessary to revert the past and give a; brief to his- tory of all matters appertaining to the rate controversy from the time of your last session up to the terms offered by me as Governor and ac cepted by the railroads, subject, of ourse, to your approval and ratifi cation. In my message to your honorable body at your regular session I used the language: "I would urge upon the General Assembly to carefully ex amine the whole matter of railroads, and, while doing everything the law allows in protecting the people against unjust discriminations, heavy rates and unnecessary hardships, at f- same time to treat the railroads li perfect fairness and give them cry .legal right which belongs to them. Railroads are the great arter ies of commerce, and have been the means of building up our resurees as no other factor, and, therefore, should be looked upon, not as hostile, but as one of the State's most helpful agencies." I then recommended a flat rate of 2 1-2 cents, per mile for passenger fare and a mileage book of "2 cents; also, that railroads be re quired 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 in justice, such as is often practiced on them by trespassers and unjust liti gation. With what suggestions I couid offer, and with the? sworn re port of the railroads before you, after a full and able discussion of the bill in both houses, no joint con clusion could be reached, and a con ference committee had to be ordered. This committee reported a flat rate of 2 1-4 cents per mile, which report -was ratified and became' the law of ihe State. After the law was enaoted I tried to induce the railroads to acquiesce until a fair test would de monstrate' whether the new rate was confiscatory, or, on account of in creased 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 opora-! tive, went before a Circuit Judge of the United States for the Eastern District of North Carolina and ob tained a temporary injunction against the Corporation Commission and Attorney-General, forbidding them from putting the law into .effect. At the preliminary hearing, without finding the rate confiscatory, and not heeding the plea made to the jurisdiction of the court, the Circuit Judge continu ed the injunction to the final hearing, and ordered the Standing Master to take evidence and make a report as to whether the rate fixed was confis catory of the property of the rail roads. On Jnly'l, 1907, certain railroads refusing to recognize the rate fixed, a ) Superior Court Judge instructed life--grand jury to indict their agents for selling tickets at a higher rate than that fixed by the statute. Feel ing it my sworn duty to uphold the law passed by your honorable body, regardless of the amount fixed, I ad dressed a letter to all State Judges, asking them "to properly charge the grand' juries and to direct the Solici tors to send bilis against the agent and employees of the railroads, 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 phases, 'and not needlessly to harass the tail roads. , Several railroad agents "were indict "ed, convicted and sentenced, when the United States Court, not waiting for the defend ants: to 'appeal in the orderly way to the higher ' courts, again interfered, and by writ of ha beas corpus discharged the defend ants from the custody of the State's officers. For a while a conflict be tween the Federal and State authori ties seemed imminent, but coolness on both side?" was exercised, and it was agreed that the railroads should recognize and obey the law, pending the test of its constitutionality, and that the equity suit, indictment and habeas corpus proceedings should be prosecuted to a speedy conclusion. In taking steps to uphold the law enact ed by the General Assembly only one motive actuated me, and that was, while not wishing to mulct the rail roads with costs oi' needlessly impris on their agents, simply to compel them, the creatures, to recognize that the State, the creator, was sovereign and supreme and its laws had to be obeyed until some competent court .declared that said law was unconsti tutional and therefore void. The equity suit and criminal pro ceedings moved very slowly, and, fin ally a crisis having come upon the country, several efforts were made to settle all disputes and produce har mony, between the State and the rail roads. Terms Offered. Finally 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 ofi2 lr4 cents per mile to a flat intrastate rate of 2 1-2 cents per mile; fifteen cents to be charged extra for persons boarding trains without tickets when tickets could be obtain ed in a reasonable time before de parture of train, and the repealing of the penalty and misdemeanor clauses in the act of 1907; this, however, only to be done when the railroads operat ing in the State except those ex empt by law agreed on their part to a reduction of, the present interstate rate of 3 and 3 1-4 cents per mile to a 2 1-2-cent rate, thus making inter state and intrastate rates uniform; also, the railroads to issue a mileage book of 2,000 miles for heads of firms and employees, not exceeding five persons, names to be entered at time of purchase, said books to be inter changeable on all solvent roads and interstate and intrastate at 2 cents per1 mile ; also, an individual mileage book of 1,000 miles, interchangeable, interstate and tntrastate, for 2 cents per mile ; also,, a family mileage book for heads of families and dependent members of family, names to. be en tered at time of purchese, 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 the money and the 500-mileage book for 2 cents. They claimed it was impos sible for them to operate with such a mileage book, as it would practically put the State on a 2-cent flat rate, and that they should not be required to furnish a book of 500 miles at as low a rate as books of larger mileage. Not being able, therefore, to get this reduction, and seeing some force in their contention, it was agreed that the family mileage book should be fixed at 2 1-4 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 reasonable time, to-wit, twelve months, it should be ascertained that the rate thus agreed upon was exces sive on the one hand or confiscatory on the other, upon application, the Corporation Commission should have the power, after a full and fair hear ing, to raise or lower the rate fixed, subject to an appeal to the courts. Some seem to object to the require ment that the railroad pay the som of $17,500, but I believe this objec tion comes from the fact that the pro position is not understood, and they believe 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 confis catory. I felt a wrong was commit ted by the railroads in bringing their suits before giving the ,rate a fair test. When the railroads got their injunction they not only had the Cor poration Commission, the Attorney General and Assistant Attorney-General enjoined, but Also the attorneys employed by the Corporation Com mission; hence, when the railroads re fused t obey the law, not being able to get the services of these attorneys. I had to employ others, thus entailing more cosJ;s, and, therefore, the rail roads, by their suits and acts, having put this extra cost on the State, I felt in the settlement, they should pay it. If, however, your honorable body does . not . agree with me, and think the State and-not the railroads should pay this cost, it is for. you and not for me to decide. In order that "in the future both the State and the railroads should know their respective legal rights in dealing with each other, and believ ing that the Minnesota case and the habeas corpus case from Asheville now pending in the Supreme Court of the United States would definitely settle and define the respective rights of all parties, it was agreed that, even if your honorable body accepted and approved 'the agreement, the case in the Supreme Court should not be af fected thereby, but should proceed to final judgment. Other States Agree. The States of South Carolina, Georgia, Alabama and Tennessee, and probably Virginia, have agreed to the same terms offered by North Carolina, thus giving a uniform rate and mile age 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 just and equitable to the State and the railroads, I have had the advice and assitance ' 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 matter. I befteve the terms are fair to all, and, therefore, ask you, the lawmakers of the State, if consistent with your sense of right and duty, to approve what has been done. Rate Fixed Not Confiscatory. The rate fixed by your body at its last session, in may judgment, though less than the amount recommended in my message, was not confiscatory, but was just and based on the report 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 be lieve, as shown by the evidence taken in the pending equity suit that said rate would not only have proved both equitable and remunerative, but in excess" of the previous earnings. But times have changed since you last met, and all business has suffer ed by the stricture in the money market. Disclosures made in the fin ancial world fraud and corruption, gambling on the stock market, the withdrawal of money from circula tion, thus bringing about unrest and district, together with many other causes, which have seriously affected all securities, making stock values de crease and credit hard to obtain, until not on account of tho little reduction of fares to 2 1-4 cents, but for the reasons above stated &nd many oth ers, railroads, like individuals and other corporations, have been crip pled in their operations, have had in many ways to- curtail their expenses, cannot borrow money to carry on their business, and, therefore, 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 differ ence between them and the various States can be adjusted, confidence will be restored, their securities more easily placed, and they be enabled to continue their "contemplated impreve-i ments. No one but a demagogue would de sire to injure railroads simply becase it can be done, but should only wish to require them to deal justly with the people; and now that the rail roads have recognized the soverignty of the State and come forward, agree ing to terms alike fair to the State and 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 thij complex question by approving the terms agreed upon, thus restoring peace and harmony and puttir. 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, Xaws i of 1907, by adding at the end of the said section these words: " Provided further, that tb:s act sixil 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 recom mendation 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 ship ments, 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 shipments; while the shipments of the large roads to points on their own lines is from seventy 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 discrimination so largely against the. small roads as to most seriously affect and injure them, and, there fore, demands relief. Discriminations. One of the most serious complaints now existing against railroads is the discriminations made by them against the cities and towns of North Caro lina in favor of like cities and town3 in other States, notably Virginia, by reason of which jobbers and whole sale merchants in Virginia can under sell the same class of merchants in North Carolina. The cause of this is the 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 thi-ough 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 freight 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 instituted proceed ings before the Interstate Commerce Commission against the Norfolk and Western 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 un just difference, and we feel assured that the Interstate Commerce Com mission will corrct 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 rate to these points, and then they will be compelled to give them to otherNorth Carolina cities, else there will be dis crimination between points in North Carolina, which is forbidden by law. Hence, we. confidently believe that this suit and similar ones will entire ly correct any unjust discrimination against North Carolina shippers, job bers and merchants. This being an interstate question, it can only be reached through the Interstate Com merce Commission ; and, in order that these suits may be successfully push ed to an early hearing and termina tion. I respectfully ask that , sum not exceeding $5,000 be appropriated for carrying on an investigation fraught with so much benefit to our people. At the last sesion a bill mak ing 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 considered, and that was the rate question. Oth er purposes, however, than those Avhich-I convened you to consider will doubtless be brought before you; and if, in your wisdom and after the most mature and wise delibration, you de cide to enact other legislation than that embraced in my call, there arc two matters, imperative in their na ture, to wrhch I would most respect fully call your, attention. Better Court Facilities. There is a deSect in the present ju dicial system of the State. If a Judge is sick or detained from his courts by unavoidable accident, there is no pro vision to remedy this omission, un less some other Judge can find time from his own courts to rido the cir cuit of the sick or absent Judge. This could easily be remidied by establish ing two small additional districts, consisting of a county each, so that the Judges ridingjhese small districts could, when not engaged with their courts, bold special terras 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 anl leaving persons in jail who were entitled to a speedy trial. Such instances have happened before , and will happen again, n-vl, tlmcT jre, should bi remedied. Prohibition. Theer is another matter that will doubtless engage your most careful consideration. I allude to the quss tion of State prohibition. The people of North Carolina are determined fo make a trial of prohibition, and the only thing to decide is when and now 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 Jo 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 trouble '-your body to consider the matter, but would at once free our land from this monster evil that, ia my opinion, is the source of a thou sand woes and scarcely a single bless ing. When I issued the call for this special session I did not know wheth er 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 crystallized 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 privato 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 know ing their views, as I do, I am thor oughly satisfied that no act ever pass ed by any legislative tiody 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 prohibi tory laws. These acts have produced good, and not evil, and have been en dorsed by the votes of the people in three general elections. Also, under the same laws, villages, twns and cit ies throughout the State have declar ed 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 un certain sound, until all agree that it -is inevitable that liquor must go. So, why, then, entail needless expense and engender bitterness by local fights, when by your act, carrying out the will of the majority of, the people, you can settle this matter at this session 1 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 statesmenl, "A liquor dealer without his liquor i& about as weak as Samson shorn of his locks." Refuse at this session to dis pose of it, it will enter info the next campaign, be the issue in many coun ties, and cause confusion and strife; whereas by action now you may de stroy the factor that would make this agitation. 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 citi zens. If this Legislature, having seen its its laws enforced and qbyed, will at this session ratify an act that will bring peace and harmony amon all contending in terests, and at the same tima pass and 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 immortal and be for ever 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 bv expressing the belief that, actuat ed 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 Godspeed in your work and ask Heaven's bless ing on all you do. Respectfully. K. B. GLENN," Governor. A PLOT DISCOVERED Anarchists Plan to Blow Up Americon Fleet RIO POLICE WATCH MOVEMENTS y i Anarchistic Conspiracy, Having For Its Object the Destruction of at t Least a Part of the United States j Warships Comprising the Pacific j Fleet, Unearthed at Rio do Janerio. Rio Janerio, By Cable The Brazil- j ian police have discovered an anarch istic plot here, having as its object the destruction of part of the Ameri can feet now lying in the harbor. The conspiracy, while centering in Rio Janerio and Petropolis, has ram ifications in San Paulo and Minas Garaes. An individual named Jean Fedher, who resided in Petropolis, was the chief conspirator here, al though it is understood that foreign anarchists are deeply involved in the plot. Fedher is believed to have fired to Sao Paulo, and the police who know him, have been sent to that place for the purpose of apprehend ing him. One of the detectives, who was well acquainted with Fadher, having served on the police force at Petroplis for some time, returned from that place, after having made? investigations there and had a long conference with the chief of police at Rio Janerio. The latter gave it to be understood later that the Sao Paulo police are on the track of the arch-conspirator and expect to ar rest him soon. In an official note which the chief of police sen to the correspondent of tho Associated Press, he says: ' ' Some time before the arrival of the American fleet at Rio Janiro, the Brazilian government received from Washington and Paris advices that anarchists of different ' nationalties intended to damage one or several of the ships of the American fleet. The names and addresses of the conspira tors were indicated by information which the police here had received previously from France and Ger many. The police of this district are working with the police of Sao Paulo and Minas Geraes and I am sure every precaution will be exercised and the most vigorous vigiliance ob served both on land ami at sea to prevent any injury being done." The chief of police, after having made this official statement, said thai he did not feel he should go. into any further details wiUi , regard - to the, conspiracy, but he authorized the statement that the plot was organized by Fedher and he added that the peo ple of tho United States could "rest easy as all of the conspirators had taken refuge in the interior. As yet the people of Brazil are ignorant of the details of the plot to do injury to the visitors, although there has been some slight inkling of the matter. The impression which the exposure of this plot will create here will be a profound one, becausa H is the first anarchistic conspiracy that has ever been known in Brazil. The police at Sao Paulo have sent word that they are on the track of the malefactor, who they declare will not be able to come to Rio Janeiro. Want White Postmaster. Washington, Special. Senator Tillman, conferred with Postmaster General Meyer regarding the case of Joshua E. Wilson, a negro who has been postmaster of Florence, S. Cp. for twenty years. Florence has now 20,000 inhanbitants and citizens of that city, through Tillman, are seek ing to have a white postmaster ap pointed. No action has yet been taken. Entombed Forty-Six Days. . Ely, Nevada. Special. After bar ing been entombed forty-six days, one thousand feet below the surface in the Alpha shaft of the Giroux mine, A. D. Bailey, P. J. Strow and Fred McDonald, wero rescued Sunday night. Whistles all over the camp blew loudly while crowds cheered in the streets of Ely to the ringing of bells. Four Children Drowned. Indinan, Pa., Special, Four child ren were drowned at noon Sunday while skating on the reservoir at the Wharton Coal and Coke Company's ovens at Coral, near here. The dead are: Sadie Kinley, 12 rears. Kenie Kinley, 11 years. I. Charlotte Kinley, 8 years. . Roy ' Stokes, -13 year. . 'j The children were with fiVR com panions in the. dam when tSey cut their way through the snow ta a part of the rrservoir near one of the feeder.