The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-03-01

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references to Mr.. Upsh,r's opinion OF
what Messrs. w. II. Meredith. w. III.
Sands or II. w. Anderson would do il
they were informed OF the existing con-
.dition of affairs
II made tl,esc suggestions because L
thought the original charges would set
Mr.. upshur into trouble. ! will add that
my relation with Mr.. upshur was not of
such n kind that | would have made him
! n oonfidant. Il l had had anything 20
conceal
MIR. Upshur's Reply.
We heard nothing from our suggestions
until May 2od. / would like to say that
these suggestions of mine were only sug-
sestions. and may not hav been conf
pletc, although / looked over the paper
carefully. on May 22d / received the
following letter:
State Corporation Commission:
Gentlemen,-Referring to my personal
interview on the afternoon of May 10Th
with Chairman Crump and COMMISSIONS
Stuart:
In that interview these gentlemen sug-
gested to me that / eliminate certain
portions of my report of April 18th and
stated that Major Lanier, by his counsel,
Mr.. w. l.. Royal, may Institute a suit
for damages. based upon certain state
mcnts made BY me in my privileged CONF
munications. az your clerk. to you, as
commissioners of the State Corporation
Commission, charging him with mall
feasance in Office.
l have considered the situation care
fully.
/ do not see how it is possible. at this
late date. and after action has been
taken by YOU on my communications
above referred to, resulting in your re-
quest for Major Lanier's resignation as
first assistant clerk of this commission.
for me TO make any change or modifica-
tion.
/ still hold the opinions as therein ex-
pressed. and any modification OF my
charges or remarks at this time would
destroy the integrity and change the
character Of my reports which preceded
the action YOU subsequently took. and
which action l have already protested
against.
If reports. modified as Mr.. Stuart sug-
gested, were filed by Major LanIer's
counsel In his declaration. I could not
then swear that they were the reports
| made to you.
The reasons anlmating me. and as ex-
pressed in my reports to you remain I'M
changed and the elimination Of the por-
tons indicated would evidence an in
decision or doubt ON my part. which ]
do not feel.
The reports. and comments regarding
the others named. I cannot find any ex-
cuse for modifying, but. on the contrary,
my Indignation against them. due to their
acts subsequent 10 my reports, has in
tensifed.
II. therefore. you feel that you are
called upon to assist Major Lanier in
this matter by furnishing him copy of
my reports. I greatly prefer that they be
| given in full, as originally written.
/ have duly considered the conse-
qiences if publicity is given this matter
in the courts. the possibility OF which
you nave suggested.
] cannot feel. however, that my duty
10 the State should cause me TO be guilty
OF an act which might he claracterized
as cowardly. and in a court OF justice
would place me In a false position.
'thc copy OF my report Of April 18th,
which / forwarded to Commissioners Stu
art IN that date, and which he yolun-
tarily handed TO me on the 10th instant,
after marking the objectionable portions.
| have attached to a copy Of this Letter,
which | enclose to Commissioner Stuart.
with great regret that cannot -cset
\ Your views and act upon our sugges-
lions, I am, Very respectfully.
JOHN A.. UPsHuR,
Clerk State Corporation Commission.
Asked Upshur to Correct It.
Reading that letter, ii occurred to INC
that 1t was offensive. We had only sug-
gcsted. and had made no demand on
Major Lanlcr, as ! said. 7 WAS come
what srrpriscd at the tone OF tho letter.
We (Judgc Crump and u sent for Mr..
Gpshur and reminded him that we had no
desire to help Major Lanier. and said
to him that perhaps, Internationally. his
! letter was offensive and desired hin to
correct 1t, lie said: II will correct II,
! as far an l can" oil, something like that.
Question by Mr.. B%yrd-yyha. e!lmtra-
tions did he object TO?
Ans. lie said he did not desire To mutt
late II report, which nc said was cor.
rect. Tho mutilatcd report, he said, would
not be q correct report.
l., Mr.. Stuart then read n second letter
from Mr.. tIpshur. In Which the chief
rlerl, stated his reasons IN fun for no,
dcslring to eliminate. This letter has
already been prirltcd in Tho Timcs-Dls-
patch
His Letter 10 Upsllur.
Mr.. Stuart continuing, said: After ~.