The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-02-16
IN FAVOR OF
THE WILSON'S
Continued from First Page.)

yestigate the question as to whether or
not Messrs. j. w. Wilson and S. Ohio
Wilson or either of them, have become
disqualified to act as Railroad Commits
sioners. and ought to be removed from
office, respectfully report to both houses
of the Legislature in joint session, as
follows:
We find that His Excellency. Governor
Russell, in the exercise of the power
granted to him by law, has seen proper
to suspend these Commissioners from
their office. Your committee requested
His Excellency to assign his reasons
therefor, and to furnish them with what
ever evidence he may have acted upon
in thus suspending them. His Excellen-
cy did furnish us, in response to our re-
quest, with the names of certain wit
Desses, whose testimony we file with this
report, and make part of the same.
As matter of law, the committee finds
that it does not sit in review of the
Governors conduct, but that its duty
is simply to determine whether either
one of these two commissioners has be-
come disqualified to act as such, and
ought to be removed from office.
In passing upon this question, it will
become necessary to refer to the rea-
sons which the Governor assigned for
their suspension. The committee re-
cognizes the fact that the Governor had
no right to summon any witness before
him, and was necessarily obliged to
act upon heresay testimony. The COM
mittee has the advantage of taking the
evidence by dispositions, and hearing
other witnesses in open session; and the
Governor has aided us by furnishing
us with the names of the witnesses, as
stated above, so that we have been able
to give the matter thorough investiga-
ton.
The only alleged grounds for the re-
moval of Mr.. J. w. Wilson that we
have been able to discover, are those
found in the two messages of His Elk
cellency, and in the response to the COM
mittee's request We ask to make those
papers also, part of our report.
The grounds stated in these various
papers are that "Mr. J. w. Wilson, be-
ing member of the Railroad Commits
sion. was mortgaged to Col. A. B. An
drews in large sum of money, which
mortgage, as the Governor was inform
ed and believed, he was unable to pay.
Col. Andrews being manager of the
COutueTu hduWdy SOlupdIy III the tSldte
Of North Carolina, and the First Vice
President of the entire system. Col. An
drews is well known to be the active.
energetic and jealous chief manager of
said Southern Railway Company in
North Carolina. Considering his rela
lions to the company, / make no dis
tinction in this matter between him and
the company which he represents. con-
slider that if Railroad Commissioner be
mortgaged to him, it is equivalent to be-
ing mortgaged to the company. That
to be in his power. is to be in the power
of the company. Here is a law that re-
quires commissioner to be absolutely
disinterested and independent They are
jurors and judges to pass upon issues
between the railroads and the people. 1t
is for the General Assembly to say
whether commissioner is a qualified
juror and judge to try the case of
railroad, when his property is under
mortgage to the chief officer of that
railroad l submit that in any ordinary
case in court to which this railroad
might be a party, he would not be a
qualified juror, that his relations to the
chief officer of the railroad company
would be cause of challenge in chief.
and not merely propter effectum, and
for these POSITIONS, i think counsel Will
be able to find abundant proof.
IF this view is not correct, then we
have this state of things, that the Legis-
lature, in its anxiety to keep these com
missioners disinterested and independent
of the railroads, prohibits them from
owning even worthless shares of railroad
stock, but permits them to he under
pecuniary obligations and mortgages to
railroad managers.
''2nd Without repeating what was
written in the recent special message
on this subject, | say that the Railroad
Commission Act prohibits the commits
sioners from having any understanding
or agreement, or contract with the rail-
road company for the benefit or enhance
ment of his property. For him to make
any such deal with the company. disouali-
fies him to act, because it is calculated