Wilmington journal., 1873-08-01

olina." i
From this statement it would seem
that wider scope of investigation
could scarcely be devised than that
given to the Committee appointed to
investigate the circumstances ATTEND
ing the lease of the North Carolina
Railroad. The fullest powers too to
send for persons and papers AID to
administer oaths, &c, were conferred
upon the Committee.
This Committee, upon the conclus-
ion of their labors, said to the Legisla-
ture that they believed they had re-.
ported upon every question submitted
to them or that the answers thereto
would be found in the accompanying
papers and testimony, to which refer
ence was asked, and the report itself
shows they were correct i'll so saying.
That the Committee performed its
duty with fidelity and ability, uninfu-
enced by "free passes or by any cor
rupt influence, it is only necessary to
recall the fact that Major John ".
Graham, of Orange, was the Chair
man and that Col John A. Gilmer, of
Guilford, DR.. John NJ. Worth, of Ran
dolph, and Col. q. Benton Withers, of
Caswell, united with him in signing
the report three of the four signers
being lawyers. Ii each and every one
of these gentlemen be not above srls-
picion in point Of fidelity, in point of
intelligence and in point of incorrupti-
bilitv, then no man in North Carolina
is above suspicion. They are of the
| very best men in our State. North
Carolina does not boast four men of
higher character in her borders.
To the report of this Committee,
making up with the papers Herewith
submitted, pamphlet of seventyfiye
pages, we refer all parties who may
desire information in regard to the
matter. It is published as document
No. 81 IL the volume of Legislative
Documents of 1S71-72.
Upon one or two points, however,
wequote briefly from the report. The
Committee say:
eve conclude that the present lease
made by mere tenants ut sutferance,
whose time had expired, must under
go the revis !on of the joint owners OF
the property or their properly constl
tuted agents. Whether such agent OF
the part of the State can be appointed
by the presiding officers of the two
houses of the Legislature or by the
Governor Is now involved III Il similar
case before the Supreme Court, and i
such decision is against the appointed
of the President of the Senate ant
Speaker Of the House, upon the Gov
ernor must devolve the r sponsibility o
confirming the same. What his pres
ent representative will do may be in
ferred from the fact that, as Il plembe
of the old board lie introduced and votet
for the resolution to make the lease
If the action of the Legislature IL
changing the mode of appointment
cannot be sustained, it IS not seen hov
they can lreven. the contamination o
this project nor that they can talk
any steps which wonld be eflectual II
this end"
Our readers will bear in mind, tina
in the lease then before the :,uprem
Court" to Wit, the case of Clarl
VS.. Stanley, it was decided that ''th'
action of the Legislature III changing
the mode of appointment could not b,
sustained, thereby leaving the Lenisl;l
ture powerless to prevent the consnm
nation of the lease
1t Is evident, therefore, We think
that whatever responsibility there i
for the consummation of the lease o
the North Carolina Railroad, rest
upon the old Board of Directors OF tht
North Carolina Road, upon Govcrno
Caldwell and upon the Supreme Court
and not upon the Legislature.
A brief reference to another point
and we have done The report Of III,
committee shows that w A. Smith
the President of the road, refused t.
answer whether he knew ''of any sun
OF money or any other consideration
whatever having been paid or prom
ised to be paid to any person III this
State or out of it, for the purpose o
procuring the lease of the North Caro-
lima Railroad, or i'll any way connected
with said lease on the ground thai
''the answer might criminate himself
or lead to answers which might crimi
nate"
Upon this point the committee make
the following comment
"Although it may be desirable tc
have full information TO the questions
which Major Smith declined to answer
the Committee did not bring the mat
ter before the Legislature, as they are
satisfied that the Legislature cannot
rightfully compel a disclosure, as 8
criminal prosecution ought not to be
commenced under the g1ise OF Legis-
lative inquiry. Especially should this
Legislature, elected IN opposition tC
usurpation of power by those in atl-
thority, refrain from any encroacl-
ments upon the rights OF a citizen who
claims the protection of the Constitrl-
ton, even though his conduct should
be the subject of grave suspicion
The other witnesses, and the Com
mittee examined every one within their
jurisdiction likely to know anything
of the matter, swore they knew of no
corrupt consideration.
In view of all the facts, therefore,
we are obliged to dissent from the
views of our contemporary.
Unfortunately for the harmony of
the Conservative part, neither the last
nor the present Legislature has re-
ceived the support they had right to
expect from the Conservative Press OF
the State. The people set their ideas
of the doings of their representatives,
other than their own Immediate ones.
from the newspapers, and if we mis-
take not, our own party press has
almost as often attacked asst has sup
ported our friends in the Legislature,
or, at best, has given the1a but faint
praise.
The effect of such a polic-, if per-
| sisted in cannot be n rnottar d ,Jo,l+