The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-08-31
Commissioners Wilson Will
Not TameIy Submit.
IF THEY ARE TURNED OUT
DIR. ABBOTT WILL NOE RECOG-
ME NEW MEN.
THEY MUST APPEAL TO THE COURTS
Both Commissioners Have Prepared Their An
swers--Deny the Power and Right Of
the Governor to Turn Them
Out of Office.

Out Of Office.
Tomorrow Maj. J. w. Wilson and Mr.
S. Otho Wilson will make answer to Gov
Russelrs letters citing them to snow
cause why they should not be dismissed
from the office of Railroad Commissioner
These letters are prepared and Will be
sent in to morrow morning. Both letters
are short and to the point.
Mai. Wilson has written his own an
swer and will deliver it in person. lie
takes the ground that he was elected to
the office of Railroad Commissioner by
the people, through their representatives
in the General Assembly, and that he
cannot be deprived of the office except In
the constitutional way and that he is,
therefore. not accountable to the Cover
nor or any other individual for his acts
in the discharge of his official duties.
Commissioner Ohio Wilson's answer
has been prepared by his attorney, Mr.. }.
G.. L. Harris. 1t denies that Wilson leased
or had any interest in the Round Knob
Hotel. where the Southern Railway trains
stop for meals a-gwine and a-comin'. but
alleges that il was leased and is run by
his mother.
As TO the result of this investigation
there has been much lively specula-
ton. and. Of course, opinions have
differed very widely, but the great major
ity are Of the opinion that the Cover
nor meant all that he said, and more.
too-and that he has made up his mind
to turn the Commissioners out unless
they succeed absolutely in disproying the
charges preferred against them.
This. their friends say, they will not
only be able to do but that they will con-
tend thai. under the law, the charges
do not constitute a sufficient ground for
removal. and that that part of the act
giving the Governor power TO remove
them is unconstitutional
And 1T is upon this point that the two
Commissioners viii base their fight. not
only before the Governor decides the mat
ter. but afterwards In the courts If he
decides against them.
The program is this: II the Governor
undertakes 10 turn them out they VIII
not recognize his authority so to do and
hold on. The new men viii be appointed,
but the third Commissioner, DIR. Abbott.
and the clerk. Mr.. Brown, viii refuse TO
recognize them, but viii continue TO rec
ognize the old Commissioners, the two
Wilson's. Then the remedy left for the
new men will be quo warranto proceed
ings in the courts to GUST the old
Commissioners. Here the matter may
be hung up for many months, and prob
ably will be. In the meantime, / under
stand. the State Treasurer will refuse to
pay either set Of Commissioners until the
dispute is settled.
1t seems to be pretty well settled that
John Graham, of Warren county, presi-
dent Of the Farmers State Alliance, will
be appointed, whether one or both of the
Wilson's are turned out. If both are made
to walk the plank, it is believed Demo
crat from the west will be put in Maj.
Wilson's place.
There are many, though, who say that
Gov. Russell is so bitterly partisan that
he could never bring himself to appoint
a Democrat, having once gotten rid OF
Maj. Wilson; that some strong Republic
can like Virgil s. Lusk or j. G. l.. Harris
would be given the place. Unfortunately
for Mr.. Harris, though, he is on the
wrong side of the lease question.
The law under which Gov. Russell is
dCtlUS, anu WHICH, Iut .
claim is unconstitutional, is part Of sec
ton of the act creating the Railroad
Commission. 1t reads as follows:
"Said Commissioners shall not joint
ly, or severally, or in any way, be
the holder of any stock or bond, or
be the agent or attorney or employee
of any such company, or have any
interest in any way in such COM
pany, and shall so continue during
the term of his office, and in case
any commissioner shall as Distribute
or legatee, or in any other way, have
or become entitled to any stock or
bonds or interest therin of any
such company he shall at once dis
pose of the same; and in case any
commissioner shall fail in this, or in
case any one of them shall become
disqualified to act, then it shall be
the duty of the Governor to suspend
him from office, and to report the
fact Of his suspension, together with
the reason therefor, to the next
General Assembly in joint session.
In any case of suspension the Gov
ernor shall fill the vacancy, and if
the General Assembly shall deter
mine that the commissioner sus-
pended shall be removed, then the
appointee of the Governor shall hold
until his successor is elected and
qualified as herein before provided,
but if the General Assembly shall
determine that the suspended COM
missioner shall not be removed from
his office, then the effect shall be to
reinstate him in said Office
The outcome Of the investigation is
awaited with great interest by people Of
all parties. Friday when Ohio Wilson ar
rived he went to see the Governor, got q
copy Of the letter and told him he thought
he had done right in instituting the in
vestigati0n. The next day he went to see
Col. Andrews, and nobody knows what
he told him.
II was not until yesterday at / O'clock
that the ex. Gideon received his official