The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-04-30

Now as 10 wilson own case. 'hdJoi
Wilson prior to the time that he was
appointed to the Railroad Commission.
| had for many years been continually IN
| the railroad service. 1t is well known
| that Governor ~Fowle refused on that
ground to appoint him. though former
schoolmate and personal friend. The act
was then changed SO as to elect by the
General Assembly, and his election by
| that body was earnestly advocated by
the Southern Railroad and its agents.
After he became Commissioner there
was a general demand in the State that
the Commission should exercise the pow
err for which it was created by reducing
the rate Of fare for passengers and
freight rates, for it had been publicly
stated, and generally understood that
the object for which the Commission
had been established was the protection
of the public from exorbitant railroad
charges. The average rate of fare in
he Union was less than cents per mile,
and while North Carolina was an aver
age State in density of population, the
rate here charged was and still is 81
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.. Arendell
or Mr. Merritt Ct do not recall which,, as
being engaged in running a hotel at
| Round Knob in Mcdowell county Will
son as landlord and S. Ohio 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 summoned and faced
with the witnesses against them and
they we're adjudged subject to removal
by Governor Russell. Judge Clark could
have known nothing of the facts of this
case, the transaction having taken place
| m Mcdowell, and it never went before
the Supreme Court. nor did the matter
therein involved (the conduct of the two
| Wilson'S get before that court. 1t could
| not because the act creating the Com
mission stated or its face that the ac
ton of the Governor in removing Com
| lature and not by the court. 1t was
subsequently reviewed by the Legisla
ture. and notwithstanding all the ap
peals made by Wilson's lawyers to the
rarity prejudice against Governor Rus
sell. and for sympathy on account of
| Wilson's years, the Democratic Legisla-
ture virtually ratified Governor Russell's
| action. for it refused to re-elect James
| w Wilson Commissioner, though it gave
him back salary for the time during
which he had been suspended and this
| by close vote. The salary was secured
| by the active assistance of A. B. An
I drews and his attorneys. and partly on
| a ulea that there might be a fund to pay
| Wilson's lawyers. The case before the
| Supreme Court was an entirely differ
! ent matter. 1t was brought by the new
Commissioners against James w. Will
son and s. 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 tho power, Judge Douglas writing the
| opinion all but Judge Faircloth concur
| ring and the United States Supreme
| Court affirmed the judgment of the
| North Carolina Supreme Court, and the
strong presumption is that the case was
| decided rightly. No wrong certainly can
| be imputed to Judge Clark because he
| agreed in the decision, even if it We're
| true that he advised the Governor as to
| the other matter in the case tried on the
| issue of fact, as to the conduct of the
/ two Wilson's. With the inaccuracv that
pervades the whole pamphlet Mr. Wilson
| is made to state that Judge Clark wrote
the opinion An examination of it will
| show that the court did not 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 the last two elections
| has been voting for a Republican for
| President of the United States. The
| ''voluminous correspondence between
| Clark ard RUSSELL" about which railroad
claw agents have been whispering for
| months. has now dwindled down it
seems. to one note in pencil signed
CIV. c. if reports coming from railroad
| circles are to be believed. And the nu-
| merous papers in the Wilson case alleged
| to have been fixed up by Judge Clark
| have shrunk to one paper said to be a
| brief or a legal form which Governor
Russell submitted to Judge Clark and
| in which the latter made some inter-
| lineations.
l called on Judge Clark before con-
GLIDING this letter and in reply to my in
curry he said that while he had been
often consulted by Governor Russelis
predecessors and some few times by him
as to legal and other matters affecting
| the public interests Gas had other
! judges) he did not recall at any time
ever having written Governor Russell
| line, but though this was five years ago
| 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 of this
alleged note in the possession of the
| tef attorney of the Southern Railroad
| in this city, and handed me the follow
ing correspondence, with permission to
| use it:
Raleigh, N. c., April q, 1902.
| Hon. F. H. Busbee.
My Dear Sir: A friend informs