The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-09-07

II HI ScADOdIu A1 AhAC was oN TIA
! time superintendent Of that division;
he had previously promised my son
as was told that he would promote him
at the first opportunity. Mr.. McBee
kept mis- promise. / have no recollec-
ton of it, but it Is more than probable
that / spoke to Captain McBee in his
behalf. 1t would have been a most
unnatural father who would have done
otherwise. I believe this covers the
entire bill of charges. But there are
other matters of rumor not in your
| letter, but calculated to prejudice your
mind. 1 consider 1t but simple justice
to state the facts as to each one. 1t
| is charged that when the Seaboard sys-
| tenn was ~endeavoring to give the people
cheap rates that / interfered. The fol-
| lowing is a o Of orders in the case:
| (See report of the commissioners to the
| governor, page 213.) 1T appears from
press reports that reduced rates have
been again ordered to be put in effect
| from certain points outside Of this state
to certain points "within-clearly caus-
ing a discrimination in violation OF the
long and short hau clause of the act
creating the commission. Justice to
the local business Of the state requires
Of us to TAX prompt action. 1t is
therefore ordered by this commission
that all roads doing business within
the state of North Carolina h re-
duce their local tariffs of passenger
and freight in the same proportion as
has been done by them on their through
business"
1t was my opinion then that our own
folks should at least have as good
treatment as outsiders. I drew the
order and would do SO again under
similar circumstances. It is also
charged on the streets that the Sea-
board system was unfairly dealt with
by me in the matter of their proposed
change Of line at CASTOR. The facts
are, that the order as given was drawn
by Captain McBee, general superin-
tendent Of the Seaboard Air Line and
is in his own writing now on file in this
office. BY his request the board adopt
ed it as their order, believing it to be
a fair solution Of the matter. AT least
the Seaboard should be estopped from
Directing. The charges as made against
me are in my opinion so frivolous, that
they would have passed unnoticed, had
they not been considered as of serious
importance by one who holds the ex-
allied position that you do. 1t is also
charged, that my infence during the
session of the legislature was exerted
to prevent a reduction of rates. The
last annual report, submitted by the
commission, with no difference Of view
by the commissioners, gave the rates
Of freight and passengers considered
by US as "just n reasonable" In
support of our views a comparison Of
rates Of all the states in the union,
was made and published. We were
sworn officers and made this report
with due regard to the solemnity Of our
oaths. During the session of the leg
islature the members of the commits
sion were invited to appear before the
joint committee on railroads and give
their views as to the business Of the
rates now in force. Two of us respond
ed, I for one, and was given a most
respectful hearing by the committee.
In my argument the report of the COM
mission was sustained by facts and
figures. Nothing since has been shown
to convince me hat I was wrong. The
charge that it was argued by me be-
fore the committee that to recommend
a change of rates would be a reflection
upon. the commission is not warranted
by the facts; nothing Of the kin was
ever alluded to by me-in this 1 am
sure I will be sustained by each men,
Der Of the committee. In justice to
myself I will say that I never entered
the halls Of the legislature during it's
sessions or expressed my voice except
when solicited to do so by it's COM
mittee.
These facts have been intended to be
given without feeling and in a most
respectful manner and I trust they will
be so received by you. In addition to
the facts I will say that the state Of
North Carolina has a constitution
which you and I have sworn to sup
port. This constitution and the laws
as expOunded guarantee protection to
it's humblest citizen. To a lawyer Of
your acknowledged ability it may ap-
pear presumptious for me to call your
attention to sections 4 and 5 article 6 of
the state constitution, which reads as
follows: Every voter except as here
matter provided, shall be eligible to
office" ETC., etc. The following classes
Of persons shall be disqualified for Of
fees: First, all persons who shall deny
the being Of Almighty God. Second,
all persons who shall have been con-
victed Of treason, perjury, or of any in
famous crime" ETC., etc. See also ar
ticle 4, section 81; also, article 1, Sec
ton 10, Of bill Of rights. This I will
copy in full as it is regarded by every
freeman as a bulwark of liberty. It
reads as follows:
I'm all controversies at law respect
ing property, the ancient mode Of trial
by jury is one of the best securities of
the rights of the people, and ought to
remain sacred and inviolable." See also
18th amendment of constitution of the
United States which forbids any state
to deprive a citizen of life, liberty or
property without due process of law.
See also decisions of our supreme
court: Hoke VS.. Henderson. 4 Dever-
eux, page L; Cotton VS.. Ellis, Z Jones.
page 545; Buting VS.. Gates, II North
Carolina, page 2S3; Branso VS.. Turner,
20 North Carolina, page 90; Howerton
VS.. Tate, 20 North Carolina, page 81.
Legislature cannot confer on an exec
utive judicial powers-Cooley on con-
stitutional limitations.
[Signed] JAS. w. WILSON.
Personally appeared before me Jas.
w. Wilson. who by me being duly
sworn. say that the facts stated in
the foregoing answer of his own
knowledge are true, and those stated
on information and belief. he believes
to be true. Sworn to and subscribed
before me this 1st day of September
1897.
[Signed1 H. c. BROWN,
Clerk Board of Railroad Com.