The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-05-23

The Ex-Governor Has Something 90
Say About Judge C1nrk's state
meut that the Governor Sought
His Advice.

His Advice.
A Wilmington special. 18th. to Raj
eigh Post says:
II did not seek Judge Clark's advice.
| We were all ~fusionists together"
Such was the declaration OF ex-Goy-
| eTnor Daniel l. Russell with reference
to the conference held by Judge Wal
ter Clark and himself when h re-
moval OF the Wilson's as railroad COM
missioners was first mooted.
Again Governor Russell declares
that Judge Clark not only wrote the
original typewriter "Show Cause"
notice, which Eas corrected with in
terlineations n his own handwriting,
but that he never heard of the law
under which tie Wilson's were remov-
ed until it was cited to him by Judge
Clark.
While IN Wilmington this week /
saw Ex-Governor Russell and talked
with him about certain questions Of
fact contained in Judge Clark's recent
letter about which there is a differ
ence. Judge Clark maintained that
his visits to the then governor were
made in response to invitations. Gov
rnor Russell say the visits were en-
tirely voluntarily. Justice Clark in a
| recent communication to Governor
oCSS = ILL., "a lis bA~NA oao vi
~respondence declared. You sought my
Judgment and advice" In his reply
the Ex-Governor said: LAS TO your al
legation about my asking Judgment
n advice. l merely note it to say
that it IS not admitted in and
form as stated"
The positive statement is made by
Ex-Governor Russell that Judge Clark
wrote the Show Cause notice. and
he says the tyrewritten copy will
show that twas not written in the ex-
ecutive office. The result OF the inter-
view with Ex-Governor Russell Is
stated herewith:
Judge Clark has stated that you
asked. his judgment and advice with
reference to enforcing the law against
corporations and especially with ref
erence to the removal OF the Wilson's.
What are the facts with reference to
this matter?"
Il did not seek Judge ciark's ad-
vice unless it was seeking his advice
when l ~iisteneLto his views. which he
earnestly pressed. / did not object to
having consultations with him, but as
a rule the seeking came from him and
not from me-. For example, taxi the
matter Of the removal of the railroad
commissioners. Clark says, or tries to
make the impression that l called on
him for mis- advice about it, which he
condescended 10 give, and that / sub
mitted to him a draft of the .Show
Cause notice-that is, the notice to
the commissioners to appear before
the governor and show cause why they
should not be removed for certain
reasons, which were set out in the
specification. Now the truth is that I
did not know that the railroad COM
mission act Of 1891, or any other ex-
listing statute, authorized the governor
to remove the railroad commissioners.
L had not had occasion to examine it.
Lawyers are not expected to keep in
mind all the provisions of statutes of
that kind, unless they have occasion
to examine them. Clark brought the
act of Assembly to me and called my
attention to 1t in connection with the
Round Knob affair. This was the first
of my knowledge of the existence of
that provision III the statute. AS to my
submitting a draft of the so-called no.
tice to MIN for his review and correc-
ton. the truth IS that he drew the no
tlce himself aid sent it to me. This
is the typewriter notice which is in
terlined with his handwriting. 1 was
Wiling enough to receive it and look
1T over but 1 did not feel any need of
his assistance in drawing a show
cause notice. 1 thought then and
think now that 1 could do it as well
as he could and I did not adopt his
draft of that paper. I drew one to suit
myself and issued it. The corrections
which he made were corrections Of hi.
TONS"
What of the two letters which
Judge. Clark sale he failed to racoe- |
uize?'
Certain scripts were sent to me by
Judge Clark, which were preserved by
my clerk alonS with the other letters"
What did DR.. Thompson say when
he called on you about the tender of
the appointment of Chief Justice to
Judge Clark?
Judge Faircloth died in the after
noon and 1 think mex morning a party
composed Of a committee of the bar !
and Of other friends OF the dead Chief
Justice went down to Goldsboro to |
call on the family. / was in this party
n so was Judge Clark. Dr.. Thomp- |
son did not go. When l returned to
Raleigh that afternoon DR.. Thompson
came to me told me that Judge
ozark had asked him to advise me to
appoint MIN Cn1ef Justice. Thereupon
thompson laughed and | laughed.
There has btsn some comment rela-
tive to the statement that you were
seeking Judge Clark's advice about DO |
l1tical matters and not the advice of
the other judges who were your aolitf- |
%friends?"
We'll. Clark Irofessed to De as mucn |
my political friend as the others. We
were all fusionists together. The only |
difference between Clark and the other
judges was ina he volunteered his
advice in political and party matters
and the other judges did not"