The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-11-28
FOR GETTING BACK ON THE CORPORA
TON COMMISSION.
HIS RESIGNATION INVALID.
His Claim That 1t Could Have Been
Legally Made to the Governor only.
The Supreme Courts Decision I'm h
Observation-Disclosures Case Claimed to
Settle the Federa Court Case as to
Railway Tax Assessment by the Com
mission In Its Favor.
Especial to the Messenger.)

Raleigh, N. c., November 23.-J. c. L.
Harris, one Of the chief counse for
Governor Russell in the matter of the
right of the corporation commission
to assess railways for taxation which
Judge Simonton recently decided adj
versely and which is appealed to the
court of appeals at Richmond, said to-
day: THE decision Of the North Jar
olina supreme court ousting Bedding
field and seating Abbott as corporation
commissioner also declares that there
is in the latter commission q cont:nu-
ance of the power given the railway com
mission. Judge Simonton did not deny
but admitted right Of the railway COM
mission to assess. This decision of the
supreme court Knocks Judge Simonton
out, because the United States court
always follows decisions of state courts
as to state laws. When We get to Rich
mond all we will have to do will be to
show this last opinion Of the North
Carolina supreme court, which, in eff
feet, says Judge Simonton was wrong"
1t will be remembered the corporation
commission e~ndeavored to increase the
railway assessment $40, 600, 900 this in
volving 500, 900 annually in state taxes
but Judge Simonton denied the power
to assess and allowed the assessment
of 1897 to stand.
|. Ohio Wilon's attorney said this af-
ternoon: "Otho's resignation to the
legislature of the office of railway COM
mission was absolutely of no effect, be-
cause the legislature had no power to
accept it. 1t could be rendered to the
governor alone. Otho might as we'll
have rendered it to a Methodist on
ference OF course Corporation Com
missioner Rogers will say Wilson a
abandoned his office by rendering the
resignation, but wilson filed vouchers
for his salary with the auditor to show
he was not abandoning his office"
DR.. Abbott will not draw any back
salary from the state treasury, but
B~eddingfield Will pay him $1,166 which
he had drawn during the past seven
months and for which he had given the
| treasurer an indemnity bond.
Flags ON the capitol will be half
masted for Vice president Hobart's
funeral.
A letter received here says four stud
ents of the State Normal and Industrial
college who went to their homes at
Reidsvil1e have typhoid fewer. Ut is
also said that the type of fever in some
cases is so v~irulent as to resemble ty-
phus.
Judge Purnell gives notice in the fol-
lowing bankruptcy cases: petition
for final discharge is set for hearing
here January 3rd, when creditors can
appear and show cause, if any, why
| the petitions shall not be granted: w.
| M. Carter, T. A. Davis and w. j. Har-
ris, aid of Wilson; NJ. Summerf1eld,
Durham; M. T. Moore, Enfield; c.. T.
Lawrence and J. B. Edwards, trading
as Lawrence & Edwards. Scotland
Neck; Jefferson D. Ray, Scotland
| Neck.
Judge PurneM says that on the same
cases j. B.. Fortune, clerk of the court,
| certified the judge was absent and re-
| ferred the cases to referee Devereux
and on the same day certified the ad-
judication by order of the judge, which
should have been made by referee
subject to review. Judge Purnen fur
ther says: 'The registration on the
face of the record is false and without
| authority, hence the adjudications are
irregular and all proceedings in pur-
suance thereof irregular, including dis
charge in bankruptcy signed by Fort
une, without authority, before petition
| for discharge had been heard Or exam
ined by the judge.