The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1899-01-24
CovRRNoR TRLLs WHY az RE-
kFovaD THE TWO WILSON'S.

90 the Senate and House Of Represe"
tGtiUes:
Bv the Railroad Commission act OF
1891, it is provided that it shall be the
duty OF the Governor to suspend from
Office any Railroad Commissioner who
shall become the holder of any STOCK
or bond of any railroad company, or
who shall have any interest In any
way in such company. 1t Is turtner
directed by said act that the Governor
shall suspend any commissioners IN
case he shall become "disquallhed 20
act" The scope, intent and policy OF
this act manifestly are to secure on
the part Of these Railroad Commls
missioners, absolute independence OF
the railrord corporations over which
they are entrusted with such lmQor
tant powers.
These commissioners we're to pass
Judgment upon complaints against
railroads, to fix rates upon their traffic,
to assess their great properties for tax
alton. and thus exercise powers vitality
important to these corporations. And
the law said in substance, that a Com
missioner should not hold a share OF
stock in any railroad company. Its
words are broad enough although
perhaps not 80 intended), to prohibit
him from holding a worthless share OF
stock in an insolvent railroad In a for
eign country. Then the Law goes fur
ther and prohibits him from acquiring
any interest in any way in such a com
pany. Then it provides that If he
does any of these things, he shall be
suspended. Then it goes further, and
directs that il he shall become disqual
flied to act, he shall be suspended.
This last provision l eonstrue to mean
that he shall be suspended if, in the
opinion of the Governor, he becomes
for any reason disqualified to act.
Says the law, after enumerasing va
rious prohibited interests, such as
stocks and bonds, the shall not have
any interest in any railroad company
in any way" This I understand to
mean that he shall not enter into con
tracts With them, that he shall not
make money out Of them, or seek to
make it; that he shall not make trans
actions with them for his pecuniary
benefit or advantage. Indeed it amounts
TO a prohibition against his having any
dealing with them except those which
are open to the general public, such Al
buying tickets, or sending treights a
regular rates. He cannot enter into
contract to furnish iron Of cross ties
or other supplies. He cannot make
contract with the company whereby
the company is to furnish him any
thing of value at an agreed price; suci
as an agreement TO run a side track Il
his mill or mine, or to sell him land
or iron, or goods Of any sort. In
word, he must have no pecuniar!
transactions with these corporations
except such as he is entitled to as
member of the general public. This i
my understanding and construction O
the statute. If it is not CORE It the
we have this reductio .ad ab5urdum
that the Legislature undertakes to re
uuire that Railroad Commissioner
shall be free from all interests in rail
road companies, that they shall be dis
interested and independent, and 70
this purpose goas to the extent Of say
ing that they shall not own even on
share of worthless stock in any raj
road, no matter where it may be, an
Notwithstanding all this caution it pei
miss them to enter into transaction
with these railroads for theiI own Der
eft or for their %pecuniery advantag
and to place their own fortunes in th
power Of these corporations.
Applying these principles to the cas-
in hand, and attaining such inform:
ton as was available, not having th
power to send for persons or papers, {
to examine witnesses, or to take dep
%sitions, or to attain evidence by an
judicial or quasi judicial method, bU
acting upon the best information oil
tainable, I reached the conclusion tht
Mr.. 8. Ohio Wilson should be suspeI
ded upon facts which seem to be sal
~stantially as follows:
1st. He leased for three years tt
Round Knob hotel from Col. A. ]
Andrews and Maj. Jas. W. Wilson
He said that he leased the property Il
his mother. The information, circun
stantial and and positive, convince
me that while he may have nominal
leased it in her name, he was the on
real party in interest; that the lea
was for his benefit and chat the prof
wera To 90 to him: that he used q