The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-24
CASE OF WILSON'S
SET FOR
WEDNESDAY NIGHT
Maj. Wilson Protests Against
Delay.
/" HAVE SOME RIGHTS"
HE DECLARED IN THE COMMIT
TEE WHEN CASE WAS
PUT OFF.
81 HAVE SOME RIGHTS
QUESTION AS TO POWERS or COMMITTEE
Whether II Shall Review the Whole Case or o.
" so Much of tie Evidence as the Gov
ernor Had in Possession When
They We're Suspended.

The subcommittee appointed to inves-
tigate into the dismissal of the Wilson's
from the Railroad Commission held its
first session last night. While nothing
was done beyond setting the preliminary
hearing for 8 o'clock Wednesday night
enough was said to show that the mat
ter will be fiercely contested when the
hearing proper begins.
In the first place the committe is not
at one as to the scope of its discretion
airy power, whether it shall contine it
self purely to an examination of the
evidence on which, in reality, the Viii
sons were suspended or whether it
shall have hearing of the whole
case, including any additional evidence
that may be offered. That will be
argued at the preliminary hearing on
Wednesday night.
The members of the subcommittee
which will hear the ease are Senator
Osborne, chairman, and Representatives
Justice, of Mcdowell, and Patterson, of
Caldwell. All of the parties are repre-
sented by able counsel: Judges MacRac
and Avery, Capt. w. III. Day and Mr..
w. G. Douglas appeared for Governor
Russell; Mr.. Il. o. Burton and Judge
j. G.. Bynum, of Greensboro, for Major
Wilson; Messrs. J. G. l.. Harris and r.
III. Battle for s. Ohio Wilson.
At the meeting last night Mr.. Justice
ia behalf of the special committee re-
ported that with Senator James he had
called upon Governor Russell and in
formed him that the committee was
ready to proceed with the case, and,
would be pleased to have him furnish
the names of witnesses that they might
be summoned.
Judge MacRae, for the Governor, said
that Mr.. Douglas was to prepare the
names of the witnesses to be subpoenaed
and hand them in. He was absent and
the names were not obtainablc.
Chairman Osborne said that as he
understood the case there was a ma
terial difference between the position
Of Major Wilson and S. Ohio Wilson.
The only allegations against Major Will
son were as to the JOINT ownership Of
Round Knob hotel with Col. A. b. An
drews and that Col. Andrews held a
mortgage for $4,000 against him.
Mr.. Burton, for Major Wilson, asked
that the cases be heard separately and
that Major Wilson's case be heard first.
This arrangement was agreed to.
Judge MacRae said that the names
Of the Governors witnesses would be
furnished to-day.
Mr.. Battle, for s. Ohio Wilson,
stated that his client was interested as
to the extent of the inquiry and would
ask to be heard when that matter was
discussed. 1t was decided that testi-
mony might be either oral or in the
form of dispositions.
Judge MaeRae said that the courts of
the land had already held that the Gov
ernor was empowered to suspend the
commissioners and the province of the
committe was merely to enquire whether
he had made the proper use of that
power in suspending them. He had
suspended them, reported the matter to
the assembly and furnished it with his
testimony. With the assembly the re-
sponsiblity now rested and it only re-
GAINED for it to say whether or not
IL would sustain the course of the Gov
ernor.
Mr.. Burton thought that since the a.
legations against Major Wilson were -
few 1t should not require much time
10 have the witnesses present.
Judge Avery wished the matter post
poned until the return Of Judge MacRae
from Newbern.
Judge Bynum said. with some spirit,
that the names of witnesses should have
been furnished at the first sitting. He
insisted that his client was entitled to
them. $50
Mr.. Day replied that ii was rmpossi-
BILE for the witnesses to be gotten even
by Wednesday night as nearly all OF
them were from the West.
Mr.. Burton did not understand the
need Of witnesses in the case Of Maio"
Wilson. He admitted in his answer chat
he was joint owner with Andrews of
Round Knob hotel while the facts as
TO the mortgage could be esaily obtained.
Judge Avery interposed that he could
not possibly be prepared to argue fhe
case nv Wednesday night, he would be
occunied all the time until then.
Major Wilson rose and asked if he
might he heard. On in beng informed
that he would, he said: II have very lit
flo to say. / have much respect for the
legal profession. ThnJ are very busy
men but." he continued, II have bust
mess OF as much importance as the NOM
bers of the legal profession. L have
been asking for eigat ,cn months for Il
trial by jury. / am placed in quasi
criminal position and as such have
right to a speedy hearing. Now here
are some lawyers who say they are
not ready when they have been dis
c,,ssing it for all this time. ! have some
rights. Now this case is 70 De put Off
indefinitely. / demaad that a hearing
no set for not later ;tiaa "Wednesday
night"
Judge MacRae replied that he had
NOT asked that the case be rostponeG.
The witnesses were not present ani the
oaso could not be heard until they We're.
Chairman Osborne announced rhat tne
oommitte would meet al : o'clock We'd
nesday evening in the Senate chamber