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

| to put him under obligations to the rail-
roads, and destroys that disinterestedness
! and independence which the law aims TO
| maintain According to the information
before me when considering his suspen-
sion, he did have such a deal or agree
ment with the Southern Railway Conn
pany, an agreement whereby additional
value was impaired to his hotel. In his
| answer to the notice to show cause. he
SAYS he did receive a message from the
authorized agent of the railroad company,
that if he would open the hotel. or cause
ii to be opened, the company would
give il its patronage as an eating house
for its trains going both ways. 1t fur
Their appears from his answer that he
acted upon this message. and obtained a
lessee for his hotel, the lessee taking
the hotel in consideration of the agree
ment between the railroad company and
Mr. J. w. Wilson.
According to my view of the case, this
agreement of Mr.. Wilson with the rail-
road company brings him within the very
letter of the law, which prohibits a
Railroad Commissioner from having any
interest in any way in any railroad com
pany.
''As to this allegation, if the committee
does not regard 1t so admitted by Mr..
J. w. Wilson, then counsel will furnish
the names of witnesses by whom they
expect to prove it.
'':}rd Under this broad provision of
the statute. subjecting a Railroad Com
missioner to suspension for any cause
which disqualifies him to act, as disin-
terested judicial officer, / submit that be-
fore making the order of suspension, |
had information which | deemed credi-
Bile. that J. w. Wilson had placed him
self under obligations not only to the
Southern Railway Company, but to the
Southern Express Company, and the
Western Union Telegraph Company.
which disqualified him TO act as fair
and impartial judge. and juror, in any
controversy that might arise between
such corporation and individual citizens.
| had information that the said j. w.
Wilson did accept from the Southern
Express Company the benefit of an order
or frank by virtue of which the COM
pany carried for himself and family.
goods or packages free of charge for
TRANSFORMATION. / have information that
the said Wilson had effected the same
agreement with the said TELEGRAPH Com
pany, whereby he was enabled to send
messages free of charge. | had like
wise information of the same kind be-
fore suspension of the said Wilson, that
not only said Wilson. hut all the mem
bers of his family with his knowledge
and approval. were permitted to ride on
free passes on part if not over all the
line of railroad in North Carolina, oper-
ated by the Southern Railroad Company.
If my attorneys have not already furn-
ished the names of any witnesses who
will testify to these charges. the names
of the several witnesses will be furn-
ished to the committee by tomorrow"
To sum up the various reasons which
His Excellency has assigned in the
above, for the suspension of Mr.. j. w.
Wilson from his office, we think they
amount to the following, to-wit:
1st That he was under mortgage
to Col. A. 3. Andrews. who is the head
of the Southern Railway system in
North Carolina.
2nd That he was the owner of an eat
ing house on the side of the railroad
belonging to that system.
3rd. That he had an arrangement
with the Southern Railway, or it agents.
eating house.
4th. That he used pass upon the
said railway.
9Th. That he had a frank from the
Southern Express Company.
9th. That he had frank from the
Western Union Telegraph Company
As to the mortgage to Col. Andrews,
we find the following facts:
Mr. II Wilson did make Il
mortgage to Col. A. B. Andrews. and un-
der these circumstances. Mr.. Wilson
desired to borrow $4,000 from the Nat
ional Bank of Raleigh, and under the
banking laws of the United States, the
bank was not permitted to take mort
gage on real estate. Col. Andrews.
who had been his friend for a number
OF years, agreed to endorse the note for
Mr. Wilson for the amount above stated.
In order to secure Col. Andrews from
loss, Mr.. ]. w. Wilson made IA mortgage
on certain real property to him, and
filed additional collateral security with
the bank. The mortgage and collateral
security taken together, is worth more
than double the amount of the debt, and
is really amply sufficient to indemnify
the surety against loss. The collateral
filed with the bank to secure the pay
ment of the said note. independent of
the mortgage made to Col. Andrews, is
sufficient to secure the payment of
the said indebtedness.
We find, as a matter of law, that Civ
ing the mortgages under those circum-
stances, is not such an interest as is
mentioned in the statute, establishing
the Railroad Commission, which dis
qualities a commissioner to hold his
office We fail to see wherein the debtor
in this case, is the servant of his en-
dorser. There is really no obligation
resting upon Mr.. j. w. Wilson to Col.
Andrews in law, until Col. Andrews
pays the debt He has not paid the debt,
and is protected from doing so by the
collateral security. The language of the
statute controlling our decision, is as
follows: Said commissioners shall not
Jointly or severally in any way be a
holder of any stock or bonds or be agent
or attorney or employee of any such
company (meaning the companies under
the control of the commission, or have
any interest IN ANY WAY in such
companies; and shall so continue during
the term of his office. And in case