The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-12-24
NOW READY FOR BUSINESS
sHERIFF WOULDN'T OBEY THE
COURTS ORDER.
so THEY JUST WENT IN THEMSELVES
There May be Lively Time in the Supreme
Court This Morning Over That Supersedeas
and Writ of Error Granted by
the Chief Justice.
the Chief Justice.

the Chief Justice.
The Railroad Commission of North
Carolina is now composed as follows:
L. C. CALDWELL Pop.), of States
vile, chairman.
JOHN H. PEARSON Deml. of
Morganton.
d. H. ABBOTT (Rep.), of Vandemere.
The Supreme court yesterday after
noon decided that the two trst-named
gentlemen were entitled to the office,
and last night they took possession.
But for the lly-dallying of Re
publican sheriff, they would have gone
into the office Yesterday afternoon.
A News and Observer man called on
them soon after they took possession or
the office and had made themselves COM
Portable.
"How did you get in?'' l asked.
"We are here replied Chairman
Caldwell, I'm obedience to the law OF
our land as enunclated by the court
the highest court in the State"
"We got possession of the office about
11:30 o'clock" said Mr.. Pearson. The
execution was issued between D and y,
placed in your sheriff's hands imme-
oaately. then we waited for two hours,
but he didn't cone to obey the court
order. Being invited out to tea we
left. Two hours latQr we came back,
and still no sheriff. We returned here
again at 80 and came into the office.
But | thought an appeal 10 the Uni-
States Supreme court had been taken
and supersedeas bond given for stay
of execution" | said.
If there is | know nothing Of 1t,
replied Chairman Caldwell. No official
notice of it has been served on me"
But there had been such a writ
granted and such bond given, as Gov.
Russell and his attorneys could have
told them, had they cared to do so. And
out of its issuance there may arise
further developments to-day.
The old Commissioners and the clerks
were not in the city and the office was
locked up, the doors barred and bari
caded. In entering the office after the
issuance of the writ of error and filing
of the supersedeas bond, the new Com
missoners have laid themselves liable to
being put in contempt of the United
States Supreme court.
1t is by no means improbable that q
sensation may be sprung in the Supreme
court this morning.
And if it is Chief Justice Faircloth
will be the central figure in it and the
developments will likely be anything but
pleasant to him.
do not know that anything Of this
kind will happen, but l do know that
there was some talk, about the Gov
ernor's Mansion last night, pointing in
that direction. / know more, that some
of the Supreme court justices are not
pleased at the Chief Justices action in
last night granting a writ of error and
supersedeas in the Railroad Commission
case.
The decision of the Supreme court in
the case was handed down at 8 o'clock
Justice Douglas writing the decision
and Chief Justice Faircloth dissenting.
As will be seen from the decision,
printed elsewhere in this paper, the
Judgment Of the lower courts, against
the Wilson's, was affirmed, but in view
Of the public in terests involved, the
court deemed it proper, not to remand the
case, but to enter final judgment at once.
This action was rather unusual, but was
taken on motion of counsel made with
out objection in open court upon the
hearing of the case.
Acting upon this order, Col. Kenan,
the clerk, at once issued an execution,
directing the sheriff to take possession
of the Railroad Commission office, oust
the Wilson's therefrom and turn it over
to Caldwell and Pearson, together with
all its records and other appurtenances
thereunto belonging.
In accordance with this judgment
the new Commissioners went at once
to the Railroad commission office to
take possession; but while waiting for
the sheriff, writ Of error to the Su-
preme court of the United States and n
supersedeas bond for $4,000 was grant
ed by Chief Justice Faircloth, and was
fled in the office of the clerk.
The writ of error and supersedeas
bond was granted by the Chief Justice
without consulting any of his asso-
ciates-a most unheard Of proceeding
in this State. Indeed some of the JUS
tees on the bench did not learn of it
till a late hour last night and the in
formation did not put them in a good
humor.
1t was reported at midnight that the
Governor and the new Commissioners
would, this morning, bring the matter
before the full bench and ask that the
writ of error and especially the super
sedeas be dismissed.
The writ of error takes the case to
the Supreme court Of the United States
to be reviewed on all Federal questions
in it, if there are any. On State ques-
tons that court cannot review the case.