The Caucasian. (Clinton, N.C.) 188?-1913, 1898-01-06

Who VIII
1T Now Goes to tho United States su.
Prsms Court-Hssring to bs Had IL
Washington, January eOth.
Thursday, Dec. 23.-The Supreme
Court rendered decisions in the cases
of l.. G. Caldwell VS.. j. w. Wilson
and j. II Pearson vs.. Ohio Wilson,
for ofli :es of Railroad Commission
ers, deciding in favor of Messrs
Caldwell and Pearson, the appointees
of the Governor.
The opinion Was written by Justice
Douglass, the other Justices concur
ring, save Chief Justice Faircloth,
who filed q dissenting opinion He
held that the Governor did not have
the right to remove the two Wilson's.
Chief Justice Faircloth refused to
sign the judgment of the Court. The
Chlef Justice always signs the judg-
ments for the Court and his failure
to sign this judgment was something
unusual.
Judge Clark, the next Oldest JUS
tice on the bench III point of service,
signed the judgment at the instance
OF ma ajorIty of the members of the
Court.
At o'clock Capt. w. II. Day,
counsel for Caldwell and Pearson,
appeared in the { flee of the Clerk of
the Court, Col. Thos. S. Kenan, and
asked for writ of execution. A writ
was immediately issued to put Messrs
Cald well and Pearson In possession
of the office.
The order was Immediately placed
in the hands OF SherItf Jones for ex
ecution.
Before the writ could be executed
Mr.. R. O. Barton and ex Judge Spier
Whitaker, counsel for the Wilson's,
Obtained from Clerk Rlddick, of the
United States Circuit Court, writ
OF error and supercedeas, which car
ries the case to the Supreme COurl
of the United States on appeal. The
writ of error was sanctioned by Chief
Justice Faircloth, and in this way i,
was secured.
No other Justice of the Supreme
Court could have issued a writ of er-
ror and thereby remove the case tC
the Supreme Court of the United
States. The Chief Justice alone has
that prerogative.
A bond of 81 900 was required tC
carry tho case on appeal to the
United States Court. This the
Messrs. Wilson gave, Col. j. s. Carr
III. G.. Brown and two of Maj Will
sons sons going on as bondsmen.
Caldwell and Pearson in Possession.
1t was nearly midnight before al
entrance to the Railroad Commission
office was effected and then only b.
having locksmIth pick the locks
Messrs. CaldSeIl and Pearson ar,
now in possession of the Office.
JUDGE DOUGLASS OPINION.
In the course of his decision Judg
Douglass cites great number o
authorities. The objections urge
against the law under which III
Governor acted are each taken u
and discussed az length. Touching
the Federal question, the opinlo
says:
I'VE are entirely unable to sc
any Federal question whatever in
volved in this action. The office o
Railroad Commissioner, from whlc
the defendant has been suspended
is an Office existing solely under tn
constitution aud laws of this State
and created TO administer the Raj
road Commission act.
ut has NJ recognition IN the law
Of the United States. does not II
tsrfere with Interstate commerce
and is concerned solely in domestl
affairs and internal trade. The d.
fendant was not deprived of du
process of law. He was cited to al
pear and answer certain charges, an
he did appear and filed answer. III
written notice of the Governo
which was admittedly received an
acted upon by the defendant, was
effect citation, and under the cl
cumstanees had all the force OF
summons. The only object OF
summons is TO bring the defendal
into court by giving him legal n
tice. and if he voluntarily appear
without limiting his appearance,
is held TO waive a summons, ana
as completely in court as II 1t n;
been served. The court or al
other tribunal having jurisdiction
the subject matter, has thereatt
complete jurisdiction OF the Pc
son.
"Iu the case at bar there can
no question of the right of the Go
ernor to appoint the plaintiff If
caney legally existed. Foster
Kansas, 1l2 L. S. 201, 204. I
only question really at issue is t
Legality of the removal OF the g
fendant, and in this view the ots
of North Carolina is the real pal
in interets, as it is her act, throul
her chief executive, of which the
PENDANT complains. The State b
surely as much interest in havi
her laws properly administered
officers of her choice IN every
speet qualified for their duties,
the general government can have
the collection of its taxes. And
can see no reason why the action
the Governor in suspendIng the
feudsut from Office in strict acco
anee with the provisions OF stat'
which we hold to be conslltutlon
is notfully as much due process
law as was the sale of real est
nnder the warrant of distress,
beId in Murray VS.. Hoboken, sup
Under the same authority we
fully justified in holding that the .
tion of the chief executive OF
State, certainly an officer of hig
relat,ve rank and greater digr
than a mere solicitor of the Ire
ury, is equally conclusive up0r