The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-10-22
Contends That He Can't be
Turned Out of Office.
GOVERNORS ACTION VOID
NEITHER LAW NOR EVIDENCE
WARRANTED IT.
The CASE TO BE TRIED NEXT MONDAY
The Answer was Filed by His Attorneys--Mr
Burton and Judge Whitaker -Yester-
day Morning.

burton ana lu0ge whitaker YeSter-
day Morning.
The quo warranto proceedings of John
III. Pearson, Of Morganton, against S.
Ohio Wilson, for the office of Railroad
Commissioner will come. up in court
here next Monday.
Attorneys for Wilson yesterday filed
his answer to the complaint of Pearson,
in the office of the clerk of court.
The answer sets forth that Wilson
was elected Railroad Commissioner by
the General Assembly at it's session of
1895 for the term of six years from the
first Of April, 1896, to the first of April.
1902. He admits that said Pearson has
taken the oath prescribed by law for
Railroad Commissioners, but he refuses
to vacate his office of Railroad Commits
sioner and to surrender the same to
Pearson. He claims that his suspension
was illegal and that he is still entitled
to discharge the duties of his office.
After reviewing the fact of the de-
PENDANTS election to the office in 1895
and reciting the act under which he was
elected and afterwards suspended, the
answer goes on to say that the Cover
nor, without evidence and without a tri-
al, undertook to find generally that the
defendant had violated the Railroad
Commission law in some of the particu-
lars mentioned in his letter of August
oath, 1897, and that defendant had not
only violated the act in the specifications
set out in the act, but that he had other
wise within the meaning and intent and
words of the act become disqualified to
act. Thereupon the Governor without a
more specific finding undertook to sus-
pend the defendant and deprive him of
his office
| The defendant denies that he leased
the Round Knob Hotel or had or has
any interest therein; he further denies
that he ever operated. the property for
his own pecuniary profit, and that the
trains of the Southern Railway are
stopped there for meals in pursuance Of
any understanding, agreement of con-
tract with him. He also denies that he Is
or has been an agent or employee of the
Southern Railway Company in violation
Of law, or that he has acquired any in
terest in any way in the Southern Rail-
way Company in violation of law. Fur
Their he denies that he has become dis
qualified to act as a fair and impartial
Judge or Commissioner or that he has
in any way become disqualified to act.
| He claims that under the laws of North
Carolina the defendant has property in
his office, and he demands to have the
charges preferred against him tried by
jury in this action.
"That by the constitution of the State
| of North Carolina, Article 6, Sections l.,
2 and 3, it is provided that every male
person born in the United States and
every male person who has been natural
lied, twenty-one years old or upward
State twelve months next pre-
ceding the election and ninety
days in the county in which he offers
to vote shall be deemed an elector anil
eligible to office except all persons who
/ shall deny the being of Almighty God
4 and all persons who shall have been
convicted Of treason, perjury or OF any
| other infamous crime since becoming
citizens of the United States or of cor
ruption or malpractice in office unless
such person shall have been legally res
tored to the rights of citizenship. That
/ this defendant is in every way qualified
to hold office under the requirements
aforesaid.
1 "That the defendant is advised and
so AYERS that any provision Of the Rail-
road Commission Act, Chapter 800 of the
Acts of the General Assembly of North
Carolina passed at the session Of 1891
which prescribed other and different
qualifications for the office of Railroad
Commissioner than those laid down by
the said provisions Of the Constitution
are unconstitutional and void.
"That the Board of Railroad Commits
sioners is a court of record and the
Commissioners are urges under and by
virtue Of article 4, section II OF the
Constitution of the State by which it is
provided, 1.-THE General Assembly shall
have no power to deprive the judicial
Department of any power or jurisdiction
which rightfully pertains to it as CO.
ordinate department OF the government,
but the General Assembly shall allot
and distribute that portion of this pow
er and jurisdiction which does not per-
tain to the Supreme Court among the
other courts prescribed in this constitu-
ton or which may be established by law
in such manner as it may be deemed
best, provided also proper system of APP
peals, and regulate by law when nee
essary the method of proceeding in the
exercise Of their powers Of all the courts
below the Supreme court SO far as the
same may be done without conflict with
other provisions Of this constitution"
"That by Article 4, Section 80 of the
State Constitution it is further pro-
yided: "In case the General Assembly
shall establish other courts inferior 10
the Supreme Court the presiding officers
and clerks thereof shall be elected in
such manner as the General Assembly
may from time to time prescribe and
they shall hold their Offices for a term
not exceeding eight years.
'That by article 4, section 81 Of the
State Constitution it is further provid-
ed "Any judge of the Supreme court
or Of the Superior court and the pre-
siding officers of such courts inferior to
the Supreme court as may be establish
ed by law may be removed from office