The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-09-02
WHAT WILL He
Do WITH THEME
Continued from second page


ton of the United States which forbids
any State to deprive citizen of life, lib
erty or property without due process of
law.
See also decisions of our Supreme
Court:
Hoke VS.. Henderson, 4 Devereaux,
page /.
Cotton VS.. Ellis, I Jones. page 54o.
Bunting VS.. Gates. II n. c., page $50.
Branson VS.. Turner. 20 N. c., page 93.
Howerton VS.. Tate. 20 n. c., page 81.
Legislature cannot confer on an EX-
ecutive Judicial powers-See Cooley on
Constitutional Limitations.
j. w. WILSON.
Chairman Board of Railroad Commission
Sworn and subscribed to before me
this st day of Sept. 1897 III. G.
Brown Clerk Board of Railroad Commits
sion
An affidavit signed by Mr.. V. f. Me
Bee. the general superintendent OF the
Seaboard, but formerly superintendent
of the Western Division of the Southern,
was also read. 1t stated that Mr.. j. w.
Wilson. Jr., son of Maj Wilson, was
appointed agent at Morganton by him
tMcBee) and that in making the appoint
ment he did not consult Maj. Wilson.
The affidavit further states that young
Mr. Wilson was clerk in the Morgan
ton office and proved himself competent
to fill the agency.
An affidavit signed by every business
man in Morganton was filed, stating
that Mr.. Wilson had been most popu-
lar agent and had given entire satisfac-
ton.
The answer OF Mr.. S. Otho Wilson.
which was much shorter, was as follows:
S. OHIO WILSON'S ANSWER.
Raleigh. n. c.. September LIST, 1897.
Hon. Daniel l.. Russell,
Governor of North Carolina.
Sir-Replying to your notice of the 9th
of August to show cause why l should
not be suspended from the exercise of the
duties of my office as Railroad Commits
sioner, have this to say:
l have no interest in any way in the
Southern Railway Company. or any other
company or corporation over which the
Railroad Commission has jurisdiction.
l am not in any way interested in the
eating house at Round Knob! | rented
the house for my mother-the rent she
pays being repairs to the house for the
first year, with an option TO rent for five
years at $3.50 per year. l have paid my
board for myself and family, and have
not and am not to receive one cent from
the profits of the house. When at home
/ have rendered my mother such services
as l could in managing the house, and
the same services have been performed
by other members Of the family.
The arrangements to have the trans
stop at Round Knob for dinner was made
by the railroad authorities upon their
own motion. and is determinable by the
Southern Railway Company at any time.
| have been owing my mother several
hundred dollars borrowed money for sew
eral years. and | have purchased furni-
ture and supplies for the Round Knob
house and charged same to her in part
payment of my debt.
/ have no knowledge of the discontinue
ance of dinner houses at Asheville and
Hickory They were not closed in conse-
quence Of an agreement with my mother
TO make Round Knob dinner house.
Governor was received this affiant had
seen Messrs. Wynee & Ellington, of this
city, relative to renting a house for the
purpose of bringing his family back to
Raleigh That since that time and before
the notice of the Governor was received,
the contract of renting was completed
and the affiant and family are now liv-
ing therein.
That affiant and family went to Round
Knob for the summer because his wife
had been in bad health and the family
physician advised this change for the ben
eft of Mrs Wilson.
Wherefore / say:
First: That have not become an agent
or an employee of the Southern Railway
Company in any way.
Second: That / have not acquired any
interest in any way in the Southern
Railway Company.
Third: Not having any interest in any
way in the Southern Railway Company
or any other company or corporation over
which the Railroad Commission has juris-
diction, have not become disqualified to
act as fair and impartial judge or Com
missioner.
In support hereof I submit the state
ments of my mother, Mrs. Mary J. Will
son, Col A. B. Andrews, Maj. J. w. Will
son. Messrs. Wynne & Ellington, and DR..
A. w. Goodwin.
And in addition to this sworn state
ment of facts, 1 respectfully refer to my
record as Commissioner as proof con-
elusive that / am not and have not been
influenced by any railway company or
any other company or corporation over
which the Railway Commission has jul
risdiction.
l suppose, that in due course of law,
after reading the absolute and unquali-
fed denials of this answer, supported and
corroborated by the affidayits herewith
filed, that the unsupported charges
against me of partisan press and mali
cious meddlers, will be Immediately dis
missed as without foundation and wilfu
and maliciously false. If | am mistaken
| in the view of your decision, then | de
mand to confront my acCDsers and cross
examine the witnesses against me.
Very respectfully,