The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-03-01
:. March 1, 1899.
THE WILSON CASE--THEY De
PEND SOLELY UPON TECHNl-
CALITIES.

Any fair-minded lawyer who will read
the report of the committee appointed
in the Wilson case will see that the
only basis for their Recommendation of
reinstatement is purely technical.
They did not-as they should have done
consider the matter in its broadcast
est technical construction.
The committee claims that, admitting
the acts In connection with the Round
Knob joint OWNERSHIP by Maj. j. w. Will
son and lease by S. Otho Wilson,
they do not amount to Ownership in
stock or any interest in railroads" But
meaning. 1t forbids ownership of stock
or any interest in railroads and then
ADDS, (thus enlarging the causes of
Disqualification the power of removal
if they become IN ANY MANNER
DIS TED. If these words
were only a repetition of the above dis
qualification they would be senseless and
to no purpose. Their evident meaning is
become IN ANY MANNER disqualified
OTHER THAN ABOVE RECITED,
thus taking in the numberless instances
which would be proper dlsqualifcations,
and leaving it to the Governor in those
cases to suspend subject to the wise
supervision of the Legislature, whereas
in the two instances specifically stated
of ownership of stock or interest in
any railroad--that fact of itself incapaci-
tatad them from holding office.
An examination of the act (section
!, Laws of 1891, and careful perusal
of the committees report will show that
the committee relies upon fine spun tech
nicalities which ought not to be relied
upon in case of this character.
In effect the report says that it would
disqualify a Commissioner to own
share of stock of $50 in a non-dividend
paying railroad, but it is not disqualifi-
cation to own apart interest in hotel,
valueless unless made an clearinghouse
by the railroad, or to borrow money
ON the endorse ment of the manager Of
a railroad, or to rent a hotel partly be-
longing to the railroad manager upon
agreement that it should be made an
eating-house. Major Wilson's interest
i'll the Round Knob hotel was not worth
anything unless the Southern Railway
made it valuable by making it an eat
ing-house. They made il valuable by
making it an eating house. Is not
that joint ownership, an interest which
under the statute makes him "disquali-
fed to act?" Those who are trained
ITO discover and divide.
A hair twixt north and northwest sids"
may be able to understand how it is
that the ownership of fifty dollars worth
of stock disqualifies a Commissioner
when copartnerShip with the virtual
owner and manager of railroad, in
property valueless except by railroad
favor, does not disqualify. The commit
tSae SouteHuS liiiit cO-ONHSTslp WIFI an
officer of a railroad is not such an
interest as ownership of a share of stock.
With technical lawyers this narrow con
struction may have weight, but there
is not boy in North Carolina who
does not know that practically Colonel
Andrews and the Southern Railway arc
one and the same and that it is "stick-
ing in the bark to say that obligations
to Colonel Andrews were not obligations
to the railroad he represents. Colonel
Andrews is the railroad and the rail
road is Colonel Andrews. If in a strict
construction, co-ownership with Colonel
Andrews is not an interest in rail
road it is the same thing IN any com
mon sense construction and would be
SO held by any jury in North Carolina.
Let us look ut the lease in the light
OF the statute. s. Ohio Wilson would
be disqualified to act as Railroad Con-
missioner if he had owned a worthlo IS
share OF stock. He makes a lease, its
value CONDITIONED UPON THE
FAVOR OF THE SOUTHERN RAIL
WAY, by which he expects to 'atcumu
late some money" to pay his debts
Now. we submit that $. Ohio Wilson
would owe less obligation TO the rail
road as small stakeholder than be