The news & observer., 1897-08-26

Executive department,
Raleigh.
August oath, 1897.
TO James w. Wilson, Esq, Member of
the Railroad Commission of North Car
olina.
Sir:-By Section First of the Rail-
road Commission Act ratified the fifth
day of March 1891, it is made the duty
of the Governor to suspend from ONCE
any Railroad Commissioner who shall
be the holder of "any stock or bond OF
any railroad company; or be the agent
or employee of any such company; or
any interest in any way IN such c0mDa-
ny: or in case any one of them shall be
DISQUALIFIED to act" 1t is alleged that
you are the joint owner with Col. A. b.
Andrews, the first Vice-President of the
Southern Railroad, general political man.
ager of the same for North Carolina. of
a certain piece of hotel property, known
as Round Knob. situated on the line of
the said railroad; that said hotel proper
ty is worth little or nothing except as a
hotel and that it is worthless for this
purpose except when designated and pa
tronized by the Southern Railroad as an
eating-house for their passenger trains;
that said hotel property has been unoc-
cupied and unused for any purpose for
several years past and has brought in no
revenue to you as one of its owners;
that it is impossible for you to use. rent
or lease said property unless some un-
derstanding, agreement or contract
could be made with the Southern Rail
road Company to designate and patroniZe
the said hotel as a railroad eating-house;
that you and the other owner or owners
of said hotel property have secured some
agreement, understanding or contract,
from the Southern Railroad Company
to abandon other eating houses and desig-
nate Round Knob as an eating-house;
and that by virtue of said arrangements
with said railroad that you have been
able to lease said hotel property to S.
Otho Wilson or to his mother through
the said Wilson for profit
1t is further alleged that you have a
son in the employment of the Southern
Railroad Company at Morganton, that he
was appointed to this place by the South
ern Railroad Company at your request
and that he was appointed over others
entitled to the place by promotion under
the practice Of the company, and that
y
and at your request.
These allega tions have been made to
me by many persons and | think pub
cation of them has been made in the
public press. If they or the material
substance of them be true-as to which
/ am expressing no opinion-then the
questions to be determined are as fol-
lows:
First: Have you acquired any interest
in any way in such Company in viola
ton of law?
Second: Have you become disqualified
to act as fair judge or Commissioner?
Under the law the Governor has not
only a right but is required to suspend
Railroad Commissioner who commits
breach of the statute, which has been
cited, and this he may do, as in other
cases of Executive removals, without
notice to the party interested; but |
shall not pass judgment or decide this
matter until you have Il full opportunity
tunity to be heard by way of denial or
explanation or justification or other de-
fense. You will therefore please show
cause in writing, on or before Wednes-
day, the first day of September, 1897,
at the Executive office in Raleigh, why
you should not be suspended from your
said office and report thereof made to
the next General Assembly according to
law. On the return day of this notice,
you will please make answer and proofs
in writing, and be there in person or by
counsel at your election.