The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-01-18
To the Senate and House of Represent

tatives:
BY 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 an interest in any way in
such company. 1t is further directed by
said act, that the Governor shall sus-
pend any commissioner in case he shall
become disqualified to act" The scope,
intent and policy of this act lnanifestly
are to secure ON the part of these Rail
road Commissioners, absolute independ-
ence of the railroad corporations over
which they are entrusted with such inn
portant powers.
These commissioners were to pass
judgment upon complaint against rail-
roads, to fix rates upon their traffic, to
assess their great properties for taxation,
and thus exercise powers vitality imp0r-
tant to these corporations. And SO The
law said in substance, that commits
sioner should not hold a share of stock
in any railroad company. Its words are
broad enough, although. perhaps rot so
intended, to prohibit him from holding Il
worthless share of stock IN an insolyert
railroad in foreign country. Then the
law goes further and prohibits him from
acquiring any interest in any way in
such a company. Then it provides that
if he does any of these things he shall
be suspended. Then it goes further. and
directs that if he shall become aisquaiil
fed to act. he shall be suspended. This
last provision / construe to mean that
he shall be suspended it. in The opinion
of the Governor, he becomes for any
reason disqualified to act.
Says the law, after enumerating vari-
Gus prohibited interests, such as stocks
and bonds, ''he shall not have any in
terest in any railroad company in any
way" This / understand to mean that
he shall not enter into contracts with
them that he shall not make money
out of them, or seek to make it; that
he shall not make transactions with them
for his pecuniary benefit or advantage.
Indeed it amounts to Il prohibition
against his having any dealings with
them except those which are open to
the general public, such as buying tick
cts, or sending freights at regular rates.
He cannot enter into a contract to fur
nish iron or cross ties, or other supplies.
He cannot make a contract with the
company whereby the company is to
furnish him anything of value at an
agreed price; such as an agreement to
run a side track to his mill or mine, or
to sell to him land or iron, or goods of
any sort In a word, he must have no
pecuniary transactions with these cor
porations, except such as he is entitled
to rs a member of the general public.
This is my understanding and construc-
ton of the statute. If it is not correct,
then we have this reductio adj absurdum:
that the Legislature undertake to re-
. quire that Railroad Commissioners shall
be free from all interests in railroad
companies; that they shall be disinterest-
ed and independent, and for this pur-
pose goes to the extent of saying that
they shall not own even one share of
worthless stock in any railroad no mat
ter where it may be, and notwithstand-
ing all this caution it permits them to
enter into transactions with these rail-
roads for their own benefit or for their
pecuniary advantage and to place their
own fortunes in the power of these corr
porations.
Applying these. principles to the case
as was available. not having the power
to send for persons or papers. or to ex-
anime witnesses, or to, take dispositions.
or to obtain evidence by any judicial
or quasi judicial method, but acting
upon the best information obtainable,
reached the conclusion that Mr.. S. Ohio
Wilson should be suspended upon facts
which seem to be substantially as fol-
lows:
LIST. He leased for three years the
Round Knob Hotel from Col A. IL.
Andrews and Maj Jas. w. Wilson.
He said that he leased the property for
his mother. The information, circum-
stantial and positive, convinced me that
while he may have nominally leased it
in her name, he was the only real party
in interest; that the lease was for his
benefit and that the profits were to 90
to him; that he used the property as his
own, and that, while his mothers name
may have been mentioned in the matter,
he was the real and only genuine lessee.
2nd. That the lease of the hotel was
with the understanding that the rail-
road company should abandon its eating
houses at Hickory and Asheville, and to|
give the benefit OF its patronage to the
Round Knob, and but for this contract
with the railroad company, Mr.. Ohio
Wilson would not have rented the hotel.
Bird. 1t appeared from the informa-
ton before me. that favors of a very
substantial character were extended byj
the railroad company for the benefit of
Mr.. Wilson's hotel
In regard to j. w. WILSON the facts
seem to be:
LIST. He was member of the Rail-
road Commission.
Ind. He was mortgaged to Col. An
drews in a large sum, to-wit., about
$4,000, which, it was alleged he was