The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-02-10
HEARING NOT FINISHED
JUDGES BYNUM AND AVERY
CLOSE CASE TONIGHT.
DOUGLAS, BURTON AND DAY Stoke
Senate Chamber and Galleries Crowded 10 Hear
Argument Which Was a Splendid
Arragumenton Both
Sides.

For three hours yesterday evening
counsel on either side argued the ease
of the suspension of Major ]. w. Wilson
from the Railroad Commission. Judge
John Gray Bynum for Major Wilson,
and Judge Avery, for the Governor. will
close the argument in the Senate cham
Der tonight.
1t has been apparent from the first.
both from the nature of the case and
the ability of the counsel that some
very entertaining speeches would be
made when the time for argument arri-
we'd. The crowded galleries and floor
were not disappointed i'll this particu-
lar. From the opening remarks of
Mr.. Douglas, who spoke first, throwing
the gauntlet at the feet of any who
might he disposed TO criticize his APP
pearance as the counsel of Governor
Russell, to Judge Bynum's brief but
dignified protest against further delay
the speeches were anything but dull.
There were standings in the situation,
needless to be recapitulated here, that
put counsel ON their mettle. No quar-
ter was given or asked, and even the
truce until tonight was accepted with
manifest reluctance. Lay on McDuff'
seemed the motto of either side-and
McDuff laid on without any visible hest
fancy. Not that there was any vitupera-
ton.
SPEECH OF MIR. DOUGLAS.
Mr.. W. c. Douglas opened for Cover
nor Russell. Il will not indulge in any
billingsgate," said Mr.. Douglas, in be-
ginning, but ] will challenge him who
criticises my appearance for a Republi-
can Governor to lay his political record
and the services he has rendered the
Democratic party along side mine.
have no apology to offer" Mr.. Douglas
after his brief Introductory plunged at
once into the argument and for three
quarters of an hour held a close grip
on points at issue. The question, he
said, as to whether the Governor had
a right to remove Major Wilson had
been settled. Hereafter ii could be a
topic only for school-bOy oratory. 1t
only remained to inquire: Did Major
Wilson have any interest in railroad?
Did he become disqualified to serve
whila OH the Railroad Commission?
By owning property Jointly with the
yice-president of a railway Major Will
SON, was as much disqualified as though
he had owned property jointly with the
railroad. If man owned property
Jointly with A. b. Andrews he wOulu
not be allowed by any attorney to sit
on a suit against the Southern railway.
The value of the Round Knob hotel
depended upon the schedules of the
Southern railway. Would Major Wilson
have been qualified to sit upon COM
plant of travellers that the Round
Knob hotel was an inconvenient place
to have the trains stopped at for meals?
Major Wilson was not qualified to
act because he owned property whose
value depended on the railroad; because
he was under mortgage to Col. Andrews:
because he used pass over the lines
of the road; and because he owned
favors TO the road.
Mr.. Douglas declared with emphasis
that in this country Col Andrews is
the Southern railway. 1t is his especial
province to keep an eye on the Railroad
Commission. Both Ohio and Major
Wilson were tenants of Col. Andrews,
one a tenant in mortgage the other Il
tenant for years.
As to transportation Major Wilson
claimed to use pass TO save the State
money. But he used a pass on his
private business. Why did free passes
abound in North Carolina? Because
the railroads knew they had the
clinkers on the Railroad Commission
and it could not squeal. Transportation
is what railroad has to sell, its stock
in trade, and Major Wilson had as
much of it as he could use.
81 want to call your attention TO the
wheedling. fawning and gush of the
Southern Railway" continued Mr.. Doug
las. He then read the letters that passed
between the railroad people.
'"rhey say it was summer excursion
rates. Was not hoe, pillow and a
rake rather peculiar baggage for Il
summer touristY Maughuer).
Reeapitulating the charges as to
Round Knob hotel, free passes and
money borrowed on security of Col. An
drews, Mr. Douglas said: Major Will
son got favors. he got transportation,
and he got money from the railroad.
SPEECH OF MIR. BURTON.
Mr.. X. o. Burton spoke next for
Major Wilson. From first TO last he
handled GoyernoA Russell with biting
sarcasm, all the more scathing that it
was quite free from abuse. He said
| in beginning that his client was an
honored gentleman of North Carolina.
He was deeply interested i'll the case.
He had seen every fundamental right
of the citizen violated. The Governor
of the State had declared that holding a
pass was d crime when his pockets Were
i full of them The Judges on the bench
had formerly carried passes.
Continuing Mr.. Burton declared that
| the statute on the Railroad Commits
sion giving the causes of disqualification
was more farago. but the only proper
Interpretation of it was that when Ma
jor Wilson disposed of his property he
became qualified to act as commits
| sioner.
The charge as to the mortgage was
new one. The Governor found him
self beaten on two counts and then
| hunted another to cover his retreat He
| m oda tha char0e ahout tup SON and hot