The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-05-02
Continued ON Fourth Paee.)

III AHC III " CAoAo N1S oAAAo1o
charges. The average rate of fare in
the union was less than 2 cents per mile,
and while North Carolina was an aver
g state in density or population he
rate here charged was n still is 3A
cents per mile. Judge Clark stated In
his speech from which / take the above,
In substance that these rates were too
high and ought to be reduced. Not long
after that time Major Wilson and Ohio
Wilson, his colleague, as commissioner,
were charged In an article IN the News
and Observer, written by Mr.. Arendeil
or Mr.. Merritt q do not recall which,,
as being engaged in running a hotel at
Round Knob, In Mcdowell county, Will
son as landlord and 8. Otho Wilson as
tenant, the possibility of Otho's paying
the rent being dependent upon the re-
ceIpts of the hotel. and these receipts
being dependent upon the favor OF the
railroads in making it a stopping place
for their trains. These charges made in
the public press compelled Governor
Russell to institute an investigation.
The commissioners were unmoned and
faced with the witnesses against them
and they were adjudsed subject 10 re-
moval by Governor Russell. Judge
Clark could have known nothing of the
facts of this case, the transaction hav-
ing taken place In Mcdowell, and it
never went before the supreme court
nor did the matter therein involved (the
conduct Of the two Wilsons) get before
that court. 1t could not because the act
creating the commission stated on its
face that the action of the governor in
removing a commissioner was review
able by the legislature and not by the
court. It was subsequently reviewed by
the legislature, and Notwithstanding all
the appeals made by Wilson's lawyers
to the party prejudice against Cover
nor Russell, and for sympathy on ac-
count of Wilson's years, the democratic
legislature virtually ratified Governor
Russell's action, for 1t refused to re-
elect James w. Wilson commissioner,
though it gave him back salary for the
time during which he a been sus-
pended, and this by close vote. The
salary was secured by the active assist
ance of A. B. Andrews and mis- attor-
neys, and partly on Il plea that there
might be a fund to pay Wilson S law
yers. Th case before the supreme
court was an entirely different matter.
1t was brought by the new commission
ers against James w. Wilson and >.
Ohio Wilson and presented an entirely
different question, the dry proposition
OF law whether the general assembly
had power to pass the act. The court
held that the Legislature had the power,
Judge Douglas writing the opinion, all
but Judge Faircloth conCurrlnS, ana the
United states supreme court afnrmeo
the Judgment of the North Carolina su-
preme court, and the strong presump-
ton IS that the case was decided right
ly. 10 wrong certainly can be imputed
to Judge Clark because he agreed in the
decision, even if it were true that he ad-
Vise.l the governor as to the other mat
ter n the case tried on the issue OF fact,
as to the conduct of the two wilson's.
With the inaccuracy that pervadeS the
whole pamphlet Mr.. Wilson is made to
Stot 70 that Tn6pa Clark wrote the ODl1-
ion. An examination of it will show
that the court did net pass upon the
conduct of the Wilson's, and Whether
such conduct justified their removal
which was the only matter tried bY
Governor Russell.
But they say Judge Clark wrote Rus
sell a letter and this is charged against
him as a high misdemeanor, at the in
stance of an element in the democratic
party, which in he last two elections
has beer voting for d republican for
president OF the United States. The
''yoluminous correspondence between
Clark and Russell" about which rail-
road law agents have been whisper
ing for months, las now dwindled
down., it seems to one note in pencil
signed Wv. c." if reports coming from
railroads circles are to be believed. And
the numerous papers In the wilson
case alleged to have been fixed up d!
Judge Clark nave Shrunk to one paper
said to be a brief or a legal form wh1ch
Governor Russell submitted to judge
Clark and in which the latter maze
some in~terlineations,
I called on Judge Clark before con-
Guiding this letter and in reply to my
inquiry he said that while he had been
often consulted by Governor Russells
predecessor and some few times by him
as to legal and other matters affectlng
the public interests Gas had other
judges) he did not recall at any time
ever having written Governor Russell a
line, but though this was five years g
he knew we'll he had written nothing to
Russell or any one else that could cause
any friend of his to blush for shame.
that he had located the possession or
this alleged note in the possession OF
the chief attorney, of the Southern
railroad in this city, and handed me
the following correspondence, with per
mission to use it:
Raleigh, n. c., April p. 1902.
Hon F. H. BuSbee.
Nv Dear Sir: A friend informs ne
that you nave in your possession and
showed him what purportS to be a let
ter from me to Governor Russell, which
is referred to in the article which late
iy appeared over the signature of Major
James w. Wilson.
l. nave no rScOllectlOn OIL having VIII
ten such letter to Governor Russell, and
as the article does not give its language
am ignorant of it's contents. Will o
kindly favor me with a copy thereof,
and if not asking too much permit the
bearer. Hon W. NJ. Russ. to see the
riginal
Truly yours.
WALTER CLARK.
To which Mr.. Busbee replied.
April 9th, 1902.
Hon. Wnlter Clark, City.
Ny Dear Sir: The letter concerning
which you write was mailed to Govern
or Russell several days ago.
Very truly yours,
T. II. BUSBEE.
The expression several days ago is
very indefinite and nay mean two days
or more. AS Mr.. Busbee doubtless kept
a COPY of the letter, it would have been
but fair to Judge Clark not to have ig-
nored his request for a copy, which was
the principal object of his letter, and
which IL MI. Busbee had furnished il