The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-26
y|Z.IA I ION.

near.
The bill of particulars containing the
Governors charge against Major wilson
is as follows
''For a more particular statement of
the reasons moving the Governor III
suspending J. w. Wilson, the following
are submitted:
1st. He being member of the Rail
road Commission was mortgaged to Col.
Andrews in large sum Of money,
which mortgage as the Governor was
informed and believed, he was unable to
pay.
Col Andrews being manager OF the
Southern Railway Company in the State
of North Carolina, and the first wee
president of the entire system. Col.
Andrews is we'll known to be the active,
energetic and Jealous chief manager OF
the interest of the Southern Railroad
Company in North Carolina. Consider
ing his relations to that COMPANY make
no distinction between him and the com
pany which he represents. / consider
that for a Railroad Commissioner to be
mOrtgaged to him is equivalent to being
mortgaged to that company, that to be
in his power is to be in the power of
auires these commissioners to be absO-
lutely diSinterested and Independent.
They are jurors and judges to pass on
great issues between the railroads and
the people 1t is for this General AS
sembly to say whether commissioner
is Il qualified juror and judge to try the
case of n railroad when his property is
under mortgage to the chief Officer of
that railroad. | submit that in any or
dinary case in court to which this rail
road might be a party, he would not be
qualified juror, that his relation to the
chief officer of the railroad company
would be cause of challenge in chief
ard not merely propter affectum and
for this contention, think counsel will
be able to find abundant authority.
"lf this view is not correct then we
have this state of things, that the Legis-
lature in its anxiety to keep these COM
m;ssioners disinteTested and Independent
of the railroads, prohibits them from
owning even a worthless share of rail-
road stock, but permits them to come
under pecuniary obligations and mort
cages to railroad managers.
"2nd. Without repeating what was
written in the recent Special Message
on this subject, l contend that the Rail
road Commission act prohibits COM
missioner from having any understand
ing or agreement or contract with a
railroad company, for the benefit or en-
hancement of his property. For him to
make any such deal with a company,
disqualifies him to act, because it is cal
culated to put him under obligations to
=, l., a
estedness and independence which the
law aims to maintain.
According to the information before
me when considering his suspension he
| did have Il deal or agreement with the
Southern Railroad Company, an agree
ment whereby additional value was inn
parted to his hotel
In his answer to the notice to show
cause he says, that he received a mes
sage from the authorized agent Of the
railroad company, that if he would open
the hotel, or cause it to be opened, the
company would give it its patronage as
an eating house for its trains going both
| ways. lit further appears by his an
swer, that he acted upon this message
and obtained a lessee for his hotel, the
| lessee taking the lease in consideration
of the agreement between the railroad
company and J. w. Wilson.
According to my view of the case,
| this argument of Mr. Wilson's with the
railroad company brings him within the
very letter of the law which prohibits
a railroad commissioner from having
any interest in any way in any rail-
road As to this allegation, if the com
mittee does not regard it as admitted by
Mr.. J. w. Wilson, then counsel will
furnish the names of witnesses whom
they expect to prove it.
sd. Under the broad provision of
the statutes, subjecting railroad com
missioner to suspension for any case
missioner to suspension for any
cause which disqualifies him to act
as disinterested judicial officer, / sub
nit that before making the order of
suspension l. had information, which
regarded as credible that j. w. Will
son had placed himself under obliga-
tions. not to the Southern Railway
Company, but to the Southern Express
Company, and the Western Union Tel
egraph Company, which disqualified him
to act as Il fair and impartial judge and
juror, in any controversy that
might arise between such cor
porations and individual citizens.
had information that said ]. w. Wilson
had accepted from the Southern EX-
press Company the benefit of an order
or frank hy virtue OF which that com
pany carried for himself and family
goods or packages free of charge for
transportation. ] had been informed
in the same way that said Wilson had
effected some agreement with said tele.
graph company whereby he was en-
abled to send messages free of charge
/ had likewise information of the same
kind before suspending said Wilson,
that not only said Wilson, but all mem
bers of his family, with his knowledge
and approval, We're permitted to ride
on free passes over part, if not over
all, of the lines of railway in North
Carolina operated by the Southern Rail.
way Company. If my attorneys have
not already furnished the names of any
witnesses who will testify as to these
charges, the names of other witnesses
will be sent to the committee by To-
morrow.
"It is true that many good men in and
ont of office had been accepting the
favor Of free passes and free transpor-
taton of goods before the Supreme