The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-02-16

meaning to the words above quoted, than
that contained in the words themselves.
"A mortgage to the president of rail
road is not mortgage to the road. \
mortgage TO the Vice-presidcnt of n rail.
road. Is not IL mortgage to the road.
And a mortgage given as above stated.
is not such mortgage as would put
the mortgagor in the power of the mort
gagee.
The next reason for the suspension of
Mr.. J. w. Wilson is, as given above.
that he was the owner of hotel on the
side of the Southern Railroad Your
commtte finds, as n matter of law. that
the mere owning of hotel under these
circumstances. and of this description. is
not the interest spoken of in the statute.
We do not find chat this interest. as
here stated, would amount to any more
than the interest than any man might
have in any real estate near by any
railroad in North Carolina His Excel
lency however, informs us. and we have
no reason to disbelieve him. that he had
information that ]. w. Wilson had made
an arrangement with the railroad au-
thorities by which his hotel was 20 be
converted into an eating house. The
comlnitte finds the facts as follows:
Some time in the year 1891, Mr.. j. w.
Wilson, in conjunction with Col An
drews built what is knowa as the
Round Knob Hotel. That j. w. Wilson
spent about eight Thousand dollars IL
its construction. and owned three fouriiis
interest in ii, while Col. Andrews owne Il
the remaining onefOurth. That for
some years it was used as. an eating
house. but for Il number of wears, This
was discontinued. That . Ir. j. w. Will
son was superintendG mt of the road upon
which the eating house was situated for
number of years: and that he express
ly declined to make it an eating house
for the benefit OF one of his tenants
For the evidence of this, your commit
tee refers you to the original letters
dated in 1856, filed with the papers in
this report. written by Mr.. J. w. Wilson
himself. That while Mr.. j. w Wilson
owned this hotel. he was twice elected
chairman of the Railroad Commission
by two Legislatures, and that his title
deeds were matter of public record in
Mcdowell county, and his ownership of
the said hotel. well known throughout
North Carolina. That as to the ar
rangement made with the agent of the
railroad company with reference to
making the hotel an eating house, the
only information upon that subject which
your committee has, is derived from the
testimony of Mr.. j. W. Wilson himself,
and other circumstance surrounding
the transaction. which we will narrate,
Mr.. Wilson testified that he had no such
arrangement.t If such testimony was
untrue, it could have been easily CON
tradlcted. And he stated to your COM
mlttee under oath. that he had informa
ton that the superintendent did intenc
to make it an eating house, and was
particularly anxious so TO do, because
the eating house at Hickory had been
closed, and the one at Asheyille was nor
giving satisfaction. That he mentioned
these facts to Mr.. S. Ohio Wilson in
the presence of Dr. Murphy: that he
did not even know the superintendent.
had never had any conversation will
him in his life, and did not even know his
name, though he thought it was ROYAL
Your committee finds that the state
ments of Mr.. J. w Wilson concernin.
this matter are true, in the first place
because he was not contradicted. in tn,
second place, because. us Superintendent
of the road, when he owned the eatinl
house, he allowed it to remain closet
for number of years, and refused I,
sacrifice the interest of his road for hi,
benefit. Because, as chairman of th,
Railroad Commission, still having hi.
interest in the eating house, he did not
at any time, use his influence to have
the house opened as an eating house
when it would have been decidedly fol
his benefit to do so.
Further. the statute provides tina
when Commissioner shall in any way
have an interest in any such company
tmeaning railroad he shall dispose oil
the same. and in case any Commission
er shall fail in this then ii shall be tht
duty of the Governor to suspend hin
from office" As this is an exception t.
Il penal statute in favor of the rights
of property of the individual. according
to well known rule of statutory con
struction, it must receive the most liberia
Interpretation. If it can be contended
that owning an eating house on the side
of the railroad. and having an express
arrangement with the company for the
individual benefit of the Commissioned
is disqualification to act, then the
disposal of that interest removes that
disqualification. Mr.. j. w. Wilson,
being notified by the Governor that he
considered him disqualified to act as
Commissioner, for the ground stated
above, in his reply TO the notice, inform
ed His Excellency that he had disposed