The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1899-01-24


seem to be:
1yt He was a member Of the Rail
road commits sion.
Pad. He was mortgaged to Col. An
drews in a large sum, to.wit, Sc 600
which, it was alleged, he was unable
to pay. /
Sd. Col. Andrews was manager OF
the Southern Railway in the State OF
North Carolina and the First Vice
President of the corporation
4th. He J. W. Wilson, was also part
owner of the Round Knob hotel, which
was located on the line of the 8 uthern
Rail way, in North Carolina, and was
valueless as a hotel property, unless 1t
was patronizsd by the Railroad Com
papy as an eating house.
6.h. The Round Knob hotel had been
discontinued as as an eating house Tor
a number of years prior ty the leasing
of the bouse to s. Ohio Wilson, also a
member of the Railroad Commission.
When the said Round Rnob hotel was
closed as an eating house, railroad eat
ing houses we're established, at
Hickory on the east, another at Ashe
vile on the west of Round Kuob. Co
temporaneous with the re,opening OF
the Round Koob hotel az an eating
house, during the year 1896, the eat
ing houses at Asheville and Hickory
we're discontinued.
The lease of the Round Knob hotel
was nstensibly made to Mrs Wilson,
the mother of 8. Ohio Wilson, but the
evidence herewith sent disclCses the
fact that 8 DINO Wilson was the real
owner thereof.
The word interest in the statute,
is one Of the widest Specification, and
as here used, is broadened and enlarged
in it's scope by the expression lin any
way" Legislative ingenuity exhaus-
ted its power of expression in the use
of this language.
The common experience Of life teach
es US all that the relation OF mort
gagor and MORTGAGE is n of subordi
nation on the part of the mortgagor,
and domination on the part Of the
MORTGAGE. The mortgage generally
} having the power to distress, and ever
crush the morGgagor. Was the Interest
of J. W. Wilson such an interest that
it could operate to influence his acts IL
dealing with the corporations that Col
/ Andrews managed7 Would he be 6
competent juror in a case for ol
{ against the Southern r abroad Com
i pany7
And again, J. w. Wilson was par
\ owner of a hotel property that wa
? only valuable when used by the Rail
road Company as an eating house. !
was in the power of the abroad a
any time to coniscate, as it were thi
!, property. 1t was also in their power
a and their power alone, to give it value
Under the statute, broad and sweepin.
J, in It's intention, can a man be qualif 2
a to act as Commissioner who has thi
s pecuniary interest at stake, and is a
the mercy of the road he is set to loo
q after, and watch ard controls
=; The law does not declare any ma
} dishonest because be has an interest /
g a railroad, or deals with its officials. !
only declares that such interest G
dealings disquali6 3 the COMMISSIONS
Toe Legislature had the power TO prC
? scribe any add every dis capitalization
o The duty OF the executive As to execu'
| the law. There is no discretion here
d The words Of the statute are, ''sha
suspend"
10 After Mr. J. W. Wilson was Gale
! upon to show cause why he shoul
% not be suspended, be made a convey
ancs of his interest in the hotel pro-
erty. To quote his own Language
this was done agreeable to section Is
\ of the Act, to avoid criticism by eve
le the captious, as to his conduct as Raj
n road Commissioner"
D. If by these transactions he had b
y come disq ualified, the purpose Of tt
1t law could not be defeated by his col
b veyiug away his interest in the pro
1t erty.
q. In performing the duties imposed o
b. this law as to suspending this class
Cficers, the Governor can only a.
lie upon such information as m
him, none of which is evidence in til
q. strict and technical ser S of that worl
He has no power to obtain evidenc,
q he cannot summon witnesses; he ca
d uot Issue a SUBJ 9 IA; he cannot tai
testimony; he nannot compel any bod
~ to testify he cannot take deposition
if he could porcure afidavits, the
CO would be only voluntary and wouI
ne not he evidence hecansa fhaz would