The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-22
the COURT DECIDES 1T
SEVENTEEN JUDGES PASSED
UPON THE CASE.
JUDGE fAlRcLoTH ONLY ONE TO DISSENT
The Wilson's Still Have the Next Legislature
to Appeal to-'Some Of the Characteristic
Comments that Were Made Con-
corning the Decision,
corning the Decision.

Ccrnlng ne UeClSloh'
The Supreme court sustains the State
court I'M the Railroad Commission case
on the main question and also in the
contempt case. MARION BUTLER.
This telegram to Chairman Caldwell
Yesterday afternoon announced the emu
OF the contest over the right of the Gov
crnor of North Carolina to remove a Rail
road Commissioner and appoint sue
cessor.
Other kilograms said that the case had
been dismissed for want of jurisdiction
and the contempt proceedings had been
oyer-rnled, Justice Peckham writing the
opinion.
This ends the matter until the next
Legislature. when Governor Russell Will
lay his evidence and his decision thereon
before that body for review. Whether
or not it will re-illstate the Wilson's OF
course nobody can know.
T'he case involves the right OF the
Governor of North Carolina to remove
members Of the Railroad CommiSs ION
from office under the State law of 1897,
and. this right was sustained by the dt-
cisien. MIR. Wilson was formerly
chairman of the Railroad Commission
and was summarily removed on the
ground that he was railroad stock
holder. contrary to law, and l.. {. tatd-
we'll appointed in his stead. Mr. Wilson
refused to yacate and Mr.. Caldwell be-
gan q quo warranto proceeding against
him to test the title to the office. The
State Superior and Supreme courts de-
cided against Wilson's contentious. and
this view was practically sustained by
the decision rendered yesterday, holding
the United States court to be without
jurisdiction.
Justice Peckham in deciding the ease,
said that as the office was exclusively
State office. the United States had to
deal only with the question whether Mr..
Wilson was deprived of any right guar
anteed to him by the Federal institution.
He had not been so deprived. and ae-
cordingly the court was without jurs-
diction. The case also involved n pro-
ccedig on motion of Mr.. Wilson TO pun
ish Mr.. Caldwell for contempt in pro
ceeding upon the judgment of the State
court. while the case was pending III the
United States court. This was also
dismissed because it appeared that Cald-
well was ignorant of the fact that the
court had taken cognizance of the CON
tempt proceedings.
All parties to the suit were here yester-
day. except Commissioner Pearson, who
is detained at home by the advent of a
new heir. Chairman Caldwell arrived
Sunday night; Maj. Wilson came in yes
teriay afternoon, and the Gideon we
have with us always The Gideon was
the first TO hear the news, then came
Buffers telegram to Caldwell and then
kilograms to the attorneys from the
clerk of the United States Supreme
court.
The case has been in the courts so long
and the matter so thoroughly discussed
that little was said by either parties to
it and few comments were made by
their friends Everybody seemed to bd
expecting just such a decision.
Its 16 to / victory" said one man
who is a close observer.
And how is thatT' | asked.
"Why the ease been passed upon by
seventeen lawyers: BY the Governor,
by two Superior court judges-Robinson
and Coble-by five North Carolina SUI
preme court judges and by nine judges
of the United States Supreme court. OF
these, sixteen held with Pearson AMI
Caldwell and one Haircloth) for the de-
PENDANTS.
And now" added another. ''if Judge
SimontOn's usllrpation in restraining the
State of North Carolina from bringing
an action in its own courts to test the
ninety-nine- year lease is ever permitted
to get to the Supreme court of the
United States j. e.. if the Governor has
not traded to Col. Andrews his right
TO appeal there is just as little doubt
the United States Supreme court will
sit down on Simonton's usurpation.
Won't the Governor give the State a
chanceT'
Il don't know about the Maine" re.
marked wag-'illow she was blown ,Ip
But in my mind there amt no doubt
that the Wilson's We're blown up from
both the outside and from the inside
And 1t don't need no court of inquiry Ia
establish the fact, either"
This decision said a third. ''makes
the Governor virtually the Commissions
1t may be law and no doubt is. but lis
u law that ought never to have bcc,
passed. 1t is a power that should never
nave been put in his hands,
II the Governor had appointed me =
said DIR. Abbott. I'D have resigned lona
ago. But he didn't appoint me or nor
me get elected