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

absolutely all of his interest in the
Round Knob hotel. and for a valuable
consideration to one X. w. Brown, to
whom it had already been mortgaged for
its full value.
Your committee therefore. adjudgeS
that If he was ever disqualified to act
on account of any interest which he
may have had in it. such disqualification
was removed by the sale above mention
ed.
The fourth ground is that he has
passes over the various railroads of the
State, and used them for his benefit. and
that Of his family We find as a fact
that he did have passes. We find as 1t
further fact, that he did not use them
for his family at all. and that only ON
one occasion two of his daughters rode
To Weldon on complimentary pass
from the railroad. under circumstances
which negatived any idea of improperly
We find that II was customary among the
higher officials of the State for thirty
five years. to use them. The judges
OF the Supreme court, and of the Su-
perlor courts have used them. together
with other State officials, whose char
acters are such as to negative any idea
that there was corruption or improperly
III the acceptance of passes; that as Il
Railroad Commissioner. the duties of Mr..
Wilson required him to ride constantly
over all the railroads of the State, and
that his object in taking the passes.
was TO save the State the expense Of
paying his fare: and it is Il fact that
Ill the act constituting the Railroad Com
mission there is an allowance made for
his expenses, and of this provision he
did not avail himself.
Your committee adjudges, as a matter
Of law, that the use of pass ON the
railroad is not such an interest in the
railroad as is included in the inhibition
of this Railroad Commission Act. As a
matter of course, the committee is well
aware that the Supreme court has de-
cided that it is unlawful for a railroad
company to issue pass under the cir
cumstances under which Mr.. Wilson re-
ceived his. But the section upon which
this opinion was delivered. is not the
section before your committee; and it
was not generally understood. as is
stated in the dissenting opinion of Judge
Douglas. that the railroad itself was
liable to a penalty for issuing the pass
to State officer. There is no condem-
nation in the statute denounced against
the recipient of pass, though there
is against the railroad giving it.
The next ground of removal, is the
using of a frank from the Southern EX-
press Company. We find, as a matter
of fact. that there was no such frank
used that if any favors were extended
to Mr.. Wilson in the shipment of eX-
press, they were of such trivial character
that this committee declines to notice
them. and recommends to the Legislature
to do the same. Favors of like kind.
and OF. greater Importance, seem to have
been granted to nearly all the high Off
GERS of the State. And those that We're
granted to Mr.. ]. w. Wilson, were
granted without solicitation by him. and
as the result of no express agreement.
Your committee has no positive evidence
even that there was any favor extended
to him individually, and the only evil
dence of Il positive character, showing
that he availed himself of free express
age. is as chairman of the Railroad Com
mission. for business of the State.
The sixth allegation is that he used II
Western Union Telegraph Company
frank. There is not particle of evil
dence that this allegation is true, or that
he ever received or sent message free
of charge.
The evidence before your committee
disclosed another ground of removal, not
mentioned in His Excellencys message
to us, and your committee thought it was
their duty to investigate that ground,
as well as the others.
Mr.. j. w. Wilson, in 1897, requested
that special rate on shipment of goods
be granted to Mr.. S. Ohio Wilson. The
facts are us follows
After renting the hotel from Mr.. J..
W. Wilson for his mother, Mr.. $. Otho
Wilson desired to ship certain house
hold and kitchen furniture, and farming
utensils and stock, from Raleigh to the
said hotel, with the intention, after the
summer season was over, to bring said
articles back to Raleigh. 1t was not
the custom Of the Railroad Company to
grant these special rates from Raleigh.
but it was their custom to grant them
from Charleston, 5. c.. and they had
granted them to other hotels i'll North
Carolina. from various points notably
to the hotel at Balsam, North Caro-
lima.
Under section of the Railroad Com
IiISSlou dCbs Il ldl ~ biSNiItiVh - AONs7SN
with the Railroad Commissioners i'll OBJ
tanning and granting special rates.
In the exercise of this discretion, Mr..
J. W. Wilson applied for and recon-
mended a special rate i'll favor of Mr..
$. Ohio Wilson. The railroad company,
in answer to his application. offered not
only to grant the special rate requested,
but TO send the articles absolutely free
of charge This offer was declined by
Mr. s. Ohio Wilson Such declinature
was approved by Mr.. J. w Wilson,
both OF them concurring in the opinion
that such favor would be improper,
under the circumstances. They refused
to avail themselves of any favors. ex-
cept those that were due, and granted
to others, under like circumstances.
Your committee fails to see the slight
est reprehensibility in this transaction,
and acquits both the commissioners of
any corrupt intent, or any improper con-
duct in this matter.
This committee further recommends TO
the Legislature that it adopt the con-
illusions of law and fact as set forth
above and that a resolution be passed
by majority of the General Assembly,
~, ;n;,, 1,a affect that Ny.