The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-10-26
ARGUMENT BEFORE JUDGE
NO ISSUES ALLOWED TO BE
GIVEN TO A JURY.
THREE SPEECHES HEARD YESTERDAY
-Four More Win be Made To-0ay--Judge Avery,
Major Shaw, Mr.. Harris and Capt. Day
Are Yet to Speak--WilI Probably
c,,enp,a all To-flax
Consume all To-Day.

consume all to-Udf'
October term Of Wake Superior court,
for the trial of civil causes, began yes
scrday morning at 10 o'clock, Hon. w.
&. Oh. Robinson, Judge presiding.
The first case ON the docket was State
Of North Carolina, Y. V. Walser, Attor-
ney General, ex REL John III. Pearson,
Railroad Commissioner, VS.. Ohio Will
son. Judge j. c. MacRae, Capt. w. H.
Day and Judge A. G. Avery represented
the plaintiff, and II. 0. Burton, Judge
Spier Whitaker, J. G. l.. Harris and
Maj. John ID. Shaw appeared for the
defendant.
All the correspondence, the official pa
pers, the complaint and answer were
first read by Judge MacRae and Mr..
Burton. Then Mr.. Burton, for the de-
PENDANT, submitted the following issues
for the jury:
1. Did the defendant lease the Round
Knob Hotel?
.. Had or has he any interest there
tn?
8. Has the defendant ever operated
said property for his own pecuniary
profit?
4. Are the trains of the Southern
hdAINIy S(Ot4HSu al Sd4C LOlt4S 1VA AAhSetAo
in pursuance cf any understanding,
agreement or contract with him?
<. Is the defendant. or was he on the
end of September, 1897, an agent or en-
plovee OF the Southern Railway Com
pany in violation of law?
e. Has the defendant acquired any
interest in any way in the Southern
Railway Company in violation of law?
Z. Has the defendant become disqual-
.fied to act as a fair and impartial
judge or Commissioner or has he in any
way become disqualified to act?
8. Did the defendant demand of the
Governor that he be confronted with
his accusers and that he have an OPP
portunity to hear and cross-examine the
witnesses against him!
O. Was said demand refused?
10. Was any evidence produced?
Plaintiff objected to any issues and
moved for judgment on the pleadings,
which, Judge MacRae said, raised GER
tain grave questions as to the constitu-
tionality of the Railroad Commission
Act in comforting certain discretionary
powers upon the Governor.
Judge Robinson declined to submit the
issues rendered, or any others. Defend
ants attorneys excepted to his rulings,
and proceeded to argue the real question
involved in the controversy-constitution-
atty of that part of the Railroad Com
mission Act, giving the Governor power
t. suspend the Commissioners for GER
tain causes.
JUDGE WHITAKER'S SPEECH.
Judge Whitaker was the first to adj
dress the court. He began by saying
4bat ~ hn N a
pending the Commissioner was not
only contrary to the law of the land,
but by it he has built up complete
piece of tyranny. 1t was intended that
there be three Commissioners, but I'M
der this law there can be but one. If
this act be held to be law, then the
Commissioners become mere tools of
the Governor and dare not act without
consulting him. All that is necessary to
turn them out is to prefer charges-no
proof is required.
He said if the next Legislature had a
majority Of Skinner Populists, Ohio
Wilson would get back; il a majority Of
Democrats, he will never see the light
Of day.
Judge Whitaker argued that by this
act the Legislature was adding to the
constitutional qualification for holding
An Office The Commissioners, he said.
were judges. and the constitution has
provided only two ways by which a
Judge may be removed These are: For
physical or mental disability, by two
thirds of the Legislature, after twenty
Gays notice; Impeachment by two-thirds
vote of the Senate. Though the Legisla-
ture might pass thousand acts pre-
scrihing other ways of removal. they
would not be worth the paper they are
printed ON, for the constitution has pre-
scribed the methods. and the only meth
eds, until the constitution is changed
The constitution declares that there
shall be a Supreme court, Superior
court and such other courts as the Legis-
lature may see proper to create. But in
no case is the Governor given the power
of removal Judge Whitaker denied fur
Their that the Railroad Commissioners
had violated the law; declared that they
had not been given hearing or been
confronted by their accusers, and said
the power Of removal cannot be exer-
cised without a hearing.
This is tyranny-tyranny of the
worst sort. In turning Ohio Wilson out
the Governor doesn't even say what he's
guilty Of He simply says Il find you
adds that he also finds him guilty Of
some things not charged
"Do you call this hearing? It may
have been an inquiry. / can imagine the
Governor and certain gentlemen whose
names / will not now mention assem-
bled at the Mansion, inquiring how to
get rid Of these men: we must get rid
Of them: how shall we do itY
"In turning these men out the Gov
ernor acted as a judicial officer, and as
such his action is renewable by the
courts. But in this case he declines tn
even show the evidence on which he
acts. This, is star chamber of the worst
sort. 1t is power that the law does not
give the Governor. and pray God il
never will in North Carolina. Hear him:
i have some evidence back here. but ii
b confidential and decline to show IT;
nevertheless I'm going to find You
gui1fvs Tho Oulv ovidonro ~U1,ich maut