Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1902-05-15


both above transactions and it is
worth it.
Destroy after reading"
(The above unsigned and undated.
May g., 1902. B. R. LACY"
This was the advice of a law officer, a
judge, to the Chief Executive as to the
execution of the laws, which were being
openly and VIGOROUSLY violated by pow
erfu1 and wealthy criminals. The people
of North Carolina speaking through their
legislature had decreed the giving of
free passes to officials so immoral, and
SO directly tending to bribery, that it
was made a crime punishable with a fine
of not more than s., 900. It was and still
is on the statute book. It was the duty
of any citizen, especially a Judge to call
attention to so Haunting and open a
violation of the laws of the State. The
advice was not acted upon, and no such
case came before the court. But if a
grand jury and a petty jury had found
the facts 1 should not have been %disquali-
fed to set on the case any more than a
judge who directs a grand jury to inves-
tigate any other open and notorious vio-
lation of the law.
Even right now this free pass business
is starting up, though Ditch concealed in
the shape of donated tickets and donated
mileage books. A few $5, 900 fines would
help the school fund and help educate
the railroads at the same time to re-
spect the law.
LETTER NO. 8.
destroy this. Privately
My Dear Governor: All that hul1aba-
loo about Impeachment" comes from
]. W. Wilson. l saw Fred Merritt in
there yesterday. and he was taking it
down. 1 have letters from different
points and find public sentiment else
where as well as here is with you.
AS you prophesied, knowing the facts
are against them, they deny your juris-
%diction, relying on the supplementary act
of 1891, p. sos, making them a Court of
Record. They are a long time finding
out they are judges, as Mason, Bedding
field, Ohio Wilson, all .canvassed regu-
larry. But there is nothing in the point
any way. The act creating them pro-
vided how their terms could be ended.
Besides, you are only given power to
suspend, the power of removal is vested
in the Legislature.
They have been trying to charge had
part in drafting the notices SO as to
affect my sitting. 1 did not see the no.
tees till issued, and did not know they
would be issued. There were some type
written points, however, interlined or
corrected in my hands. Please get that
paper and destroy it.
Destroy this, Send me any note you
wish 6y bearer. Yours
W.. c.
This is the last letter and the one up ,
which the virtuous advocates of govern
ment by railroad set the most store.
If. had hnnn harr - 49,
Col. A. B. Andrews owning one-fourth in
terest in a hotel at Round Knob and ],
w. Wilson, Railroad Commissioner. own
Ing the other three-fourths interest.
had rented it to S.. Otho Wilson, another
Railroad Commissioner. that Otho re-
fused to rent unless it was agreed by
the railroads that. Round Knob should be
made the eating house and stopping place
for the trains (and he could not pay rent
unless this was done), that in open >
finance of the law which these
commissioners were sworn to ad-
minister the supplies, both by
freight and express were carried
free, Otho's family were also carried free
in defiance of the law against free passes
and his furniture was carried at one-haIf
rates and that one-half not paid. With
such a scandal before him Governor Rus
sell was forced to issue a notice to the
W. commissioners 10 appear before MIN
to show cause why they should not be
suspended till the Legislature met. They
appeared, the witnesses proved substan-
TALLY the above facts, he suspended
them. Upon the face Of the Statute, his
action could not be reviewed by the SD
preme Court, but by the Legislature
alone. The Wilson's were tried by the
Legislature, and Notwithstanding the
Legislature was Democratic, Governor
RusselPs action was sustained, for J. w.
Wilson, whose term expired, was not re-
elected. and Ohio resigned. The Legis-
lature generously allowed them pay fof
the time they had been suspended, 9th
erwise the lawyers who defended them
would have gone unpaid.
From above it will be seen that Gov
erpor Russell submitted to me a type
written copy of his notice to show cause,
or to the Wilson's to appear.
I made in it as appears by the document
which l saw on yesterday some half
dozen corrections, mostly of grammatical
or verbal errors. 1t was sent to me be-
cause the proceeding for removal of an
official by the Governor was new in this
State, and this was the first Statute au-
thorizing it, whereas It is very common
in some of the other States. and was
thought to be familiar with the practice
in such cases.
Issuing the notice to show cause, or
summons. did not incapacitate Governor
Russell to sit on or try the case. 1t was
in no way a prejudgment of the
facts by him, and if the case could have
been carried by appeal to the Supreme
Court it is clear that the fact that
had corrected the wouE no
5 have debarred me at second hand from
sitting on the case, when it did not de-
: bar the officer who issued it. Indeed as
5 every one knows a justice of the peacf
f who issues q warrant or a judge Wht
issues a bench warrant is in nowise in
capacitatcd to try the case.
I Here in fact I only made immateria
: corrections in the summons; that sum.
: ,,annc oro 11cAd and Tho rnnard Shnu-