The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-09-02
WHAT WILL HE
Do WITH THEME
Fate of Railroad Commission
ers in the Balance.
DECISION Is RESERVED
THE TWO WILSON'S FILED lliEIi /,
ANSWERS YESTERDAY.
BOTH REPRESENTED BY COUNSEL


Bu, Mai. Wilson Wrote His Own Answer and
Contends That the Part Of the Act Civ
ing the Governor Power to sus-
pend is Unconstitutional.
81 think the Governor has
made up his mind on the
matter. 1t is more tEan
probable that he will turn
them out. He would never
have gone thus far had he
not intended to suspend
them"
The above was the opinion OF MI. y.
G.. L. Harris touching the decision IN the
Railroad Commission investigation yes
terday. Immediately after the hearing be-
fore Governor Russell. Mr.. Harris APP
reared for Mr.. s. Ohio Wilson. MAJ.
Wilson was represented by MAJ. Johh
D. Shaw, of Rockingham.
A week ago Governor Russell wrote
letters to Maj. J. w. Wilson ana MI.
8. Ohio Wilson, citing them to appear
before him on or before September lst,
and show cause why they should not De
suspended from office for certain charges
set forth against them. In accordance
with this notice yesterday at Iz:oo
o'clock they went before the Governor
with their counsel and made answer 10
the charges set forth in the Governor
letters.
It was in every respect quiet, order
II and dignifed meeting-no waste OF
compliments or profuse politeness, no
heated words or unseemly dispute Inc
Governor listened with interest to the
reading of the answers and accompany
ing affidavits, then to the argument OF
the counsel, interrupting now and then
with question intended to draw out
some point more plainly in the argument
At the conclusion Of the proceeding the
Governor announced that he would
carefully consider the papers and ar
gument and then render his decision.
Besides the Governor and Commission
ers J. w. Wilson and S. Ohio Wilson
and their attorneys, Maj. John D. Shaw
and J. G. l.. Harris, there were some
thing like half dozen newspaper men
and spectators present. Among then
were Railroad Commissioners D. II
Abbott, Auditor Hal. w. Aver, and
Mr. Ed. Chambers Smith.
After the answers and afhdavits hao
been read, Maj. Shaw, who represented
Maj. Wilson, said in substance:
Governor, / don't desire to make any
set argument, but l have few points
~: - hot I oh fn rlrQ
sent to your consideration. In the first
place insist that the act is unconstitu-
tional and even if these men were gull
ty you have not the right to try them
or the power to turn them out.
'.There is an amendatory and supple
mental act, passed in 1891, making the
Railroad Commission a court Of gener-
al jurisdiction, inferior only to the SUI
preme court, and its officers can only
be removed in the way prescribed by
the constitution for the removal Of judi
cial officers.
"But treating the act as constitutional,
you have no right to suspend these men,
unless they have a financial interest in
the railroad. The charges here amount
to corruption. For corruption the only
remedy is impeachment. This act gives
you no power to remove in such cases.
The Governor has no power to suspend
except for causes specifically denOminat-
ed in the act. Corruption would be a
disqualification, but this is not the place
to proceed against the commissioner,
nor this the act under which to pro-
eeed.
II can't conceive how Maj. Wilson
could possibly have such connection with
the Round Knob Hotel as to disqualify
"a commissioner. l contend that If a
commissioner were to take bride, and
it were proved beyond all question, he
could not be dealt with by you and UNI
der this act, though he would be amen
able to the law"
'Here a complete denial of the truth
of every charge is made and there is nc
evidence that the denial is not true, and
no Judge in North Carolina would con.
Wet under such circumstances. 1t does
not appear that there is any other foun.
dation for this proceeding, other than idle
rumor.
''But this investigation" said the Gov.
ernor, sis not conducted by court OF
a quasi court The Governor has nc
power to summon witnesses or compel
evidence"
"This being the case, the Governor
ought to be slow to act and should not
suspend these men unless he is con.
WINGED, beyond question, that the
charges are true"
At the conclusion of Mr.. Shaw's ar
gument, Mr.. Harris said that in Mr.
s. Ohio Wilson's answer he had chosen
to rest his case on simple denial and
refutatiOn of the charges made, but that
since the constitutional question bad
been raised he asked that his client also
be given the benefit Of it.
The Governor then announced that fol
the present he would reserve his deci
sion.
Maj. WILSON'S ANSWER.
Mai. J. w. Wilson's answer was al
follows:
Raleigh, 80, 1897.
To Daniel L. Russell, Governor Of North
Carolina,
Sir: Your favor Of the 18th citing me
to appear before you on Wednesday, the
first day of September, and reply in writ
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