The times. [volume] (Richmond, Va.) 1890-1903, 1897-12-26

North Carolina is having lively time
with it's dual railroad commission. and as
the case is now assuming something OF a
national phase. It may not be amiss TO re-
view the facts.
That eccentric man. Governor Russell,
took II into his head some time ago 10
remove from Office two OF the railroad
oomrnissioners-Messr Ohio Wilson and
7 w. Wilson-an appointed in their stead
Messrs. L. c. Caldwell and J. H. Pearson.
The Wilson's refused, however, to be
ous,ed I'm such summary manner and
the case went TO the courts. The Gov
ernor's action was sustained by the lower
court and an appeal was then taken TO
the Supreme Court. This court handed
down an opinion last Thursday in
which the judgment Of The lower
court was affirmed. but Chief Justice
Faircloth dissented and held that the
Governor had no right to remove the
Wilson's.
At ten minutes past 6 o'clock the court
issued an order TO the sheriff to put the
new appointees into office. but at
o'clock, before the order had been exc
cuted by the sheriff. chief Justice Fair
cloth issued a writ OF error and super
sedeas. carrying the matter TO the SUI
nreme Court OF the United States, and
the sheriff was notified.
This put the sheriff in an embarrassing
position, for 10 execute the order OF the
Supreme Court was TO bring himself into
contempt OF the Federal Court, and he
hesltated. Caldwell and Pearson waited
on the sheriff until midnight, but as he
ana not then act they took matters into
their own hands. and engaging the ser
vices OF a locksrnth. they picked the
lock OF the door leading into the offices OF
3he Railroad Commission and took pos
session whether or not. This was done.
I. ls said. upon the advice OF the Gov
crnor. whose contempt for the Federal
courts is well known. and he has been
harshlv criticised for being a party TO this
high-handed act.
But whatever the justification. the fact
Is that the new appointees held the fort
until morning. and before noon they Sc
cured from the Auditor of Public Ac-
counts warrants for $500 each in pay
ment OF their respective salaries from
September 2ith. lie date OF their APP
pointment.
On Friday two motions were made be-
fore the Supreme Court. one was by ].
w. Wilson TO recall the execution to the
sheriff to put L. c. Caldwell in possession,
and was refused So was the other which
was TO set aside the writ OF error and SUI
persedeas OF the United States Supreme
Court
The opinion was written by Judge Clark
and is defiant in tone In conclusion it
says:
Caldwell is in fun possession Of tho
office and is entitled 70 exercise its duties
and draw pay from the date OF his APP
pontment by the Governor. September
2lth. The judgment Of this court took
effect Immediately upon being filed and 1t
Is not superseded by the subsequent writ
OF error regular or irregular. Caldwell
being IN Office by virtue Of a judgment of
this court any attempt by defendant VIII
son TO exercise its functions or TO Inter
fere with the full and free exercise
thereof by Caldwell. and any attempt
by any one else 10 interfere by alleged
legal process or otherwise unless and
until the United States Supreme Court
shall reverse the judgment OF this court,
will be contempt Of this court.
will. as speedily as possible make appl;-
cation to the Federal courts for action
and TO "vitalize the Federal law. ana
Caldwell aud Pearson have been cited 30
appear before the United States Supreme
Court on January 2oth.
And now Governor Russelrs talent for
turbulence" is moving in other directions.