The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-31
MR.. DOUGLASS WRITES.
He Thinks. on the Whole, the Russell
Andrews Trade Was a Good One.

i
To the Editor: The remarks Of Nj
| f.. w. Pou at the close of the eases o
| the State VS. A. b. Andrews and others
| in the Superior court of Waye yester
| day afternoon, and which were pub
| lished in your paper and which / an
| pretty sure were not intended Us a crit
ic.sm Of my connection with ard conduc
| in said cases, cause me to ask you TO
space to explain myself:
These eases were brought by the attor
neys for the State (employed of course
by Governor RusselD in good faith. III,
| indictments were under section q O
| the Railroad Commission act, for refusal
| to answer questions propoundci by IN
Railroad Commissioners. The only de
fence was that the defendants could no
be compelled to answer questions thai
might tend to incriminate them. Hhi:
defence, as | have always claimed anc
still maintain, was not available II
them.
(The reasons are given in an elaborate
brief which has received high praise
from able lawyers. who say the reasons
given are conclusive We regret that
we have not space to print it in full
Editor.)
/ withdrew from the prosecution OF
the case on Tuesday. because l was
directed to do so by Governor Russell,
who had employed me as above stated.
Governor Russell and the Southern
Railway entered into an agreement a
part of which was that the attorneys
employed by the Governor should with
draw. The agreement as / understood 1t
as about as follows:
LIST. The North Carolina lease case
now pending before Judge Simonton,
was to be disposed of by said judge with
out argument, and the Southern Rail-
way was TO pay all cost incurred in said
case, including attorneys fees.
Ind. The civll suits pending against
A. b. Andrews in the Superior court of
Wake county were TO be dismissed ut
the cost on said Andrews.
The Governors attorneys were to
withdraw from the prosecution of the
cases VS.. Andrews, Miller, Potts x
Munson.
Atm. The counsel for the Governor
were to continue the prosecution of the
free pass cases.
If / had stayed in the fight after my
client instructeu me to withdraw, /
would have felt more ''forsaken" than
did Mr.. Pou.
Permit to say just here, that the
above arrangement, in my opinion, from
a financial standpoint, was a good one
for the State. No man with any know-
edge of the status of the North Carolina
Railroad lease case could for a moment
hope for a Judgment in said cases in fla
yOr of the Governor and Attorney Cen
eral
You will remember that this North
Carolina lease case was brought by the
Southern Railway against the Governor
and Attorney General and no suit was
brought by the State as enormously sta
ted in some of the newspapers of the
State. BY this settlement the Southern
Railway gets what it already had, and
pagd $1,000 or $1,000 for it. The ar
rangement is a clean saving TO the State
of several thousands of dollars. What
the final result of the case would have
been in any event, is well known TO
every man who has taken the pains to
inform himself.
II Judge Undertakes opinion of the
law in the criminal case against Col. A.
b. Andrews is correct then the State
could never have recovered in the penal
ty cases, and nothing is lost by dismiss
ing them at Col. Andrews cost. If there
was nothing for the State in the North
Carolina lease case; nothing in the in
dictments against Col Andrews and
others: and nothing in the penalty suits
against Col. Andrews, then The bargain
is pretty good one, as the State has
saved thousands of dollars she would
have had to pay in costs and attorneys
fees. Yours truly,
w. G. DOUGLASS.
March Both. 1898.