The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-27
JOHN a. IfPSHUR,
Clerk state corporation Commission.
Commission to Mr.. Upshur.
Richmond. May %. 1885,

Richmond. May %. 1906
Mr.. John a. Upshur. Richmond. Va:
Dear Sr,-Referring 70 your communi-
cation of MAY. 2, and 70 your supplement
to state that there seems to be "A miscon-
ception on your part in both of these conf
munications of the exact facts and
circumstances referred to. Your first com
munication was evidently written under
misrepresentation that we desired you to
make sonle changes or notifications of
your charges against Az S. Lanler. Such
was not the case, and we note your state
ment in your second communication that
no such request was made by us. That
our view of the facts and circumstances
may he thoroughly understood, we have
stated Them. which are as follows:
On the evening of May 10 we called you
into our office and informed you that Mr..
Royal, claiming to represent a. S. Lanier
as his counsel. had served a paper upon
the members of the commission, In which
he demanded. or requested, copy of the
charges preferred by YOU as clerAagainst
a. $. Lanier. as first assistant clerk. We
stated to You that inasmuch as n con-
siderable portion of your report of April
IL was in the nature of denuncinhons and
mere expressions of opinions, that 1t
might be we'll that nNly such part of that
report be furnished TO Mr.. Royal as was
in the nature of specific charges: and
stated further that Mr.. Royal had not
called for a copy of Your report. but had
called for charges contained therein, and
for that reason thereSwas no proprety in
furnishing him anything else.
It was further stated to you by us that
If you preferred that the entire report
should be delivered 10 Mr. Royal that
your wishes in that rega.d should be re-
spected. and that our suggestions were,
to some extent, prompted by the con-
sideration that In the event Ct litigation
much better for you to stand on the
charges preferred against Lanier. which
charges, 1t seemed to us. SO far as we
have investigated, you would be able to
sustain. We further stated that it was
at least bad policy to deliver to Mr..
Royal anything more than he had de-
manded. BY way of illustration of our
meaning. Commissioner Stuart marked
certain passages coming under the head
of denunciations and expressions of opin-
ion to be cut out. and marked other por-
lions which. as we thought, unnecessarily
involved other employees ofFthe office. who
were not on trial in this particular case.
with the suggestion that they BIO so modi-
fled as to these parties as not to bring
them into Major I.anier's case, 1t being
understood, of course, that these. charges
We're duly considered against the parties
on their own account and We're to be dealt
with accordingly.
In your reply. of May % you have shown
manifest misrepresentation OF the spirit
and purport OF our suggestions. which
You have corrected e, some extent IN
y
to say as to our Interview held with us
on May 90 Mt noon, which You refer to in
your communication of May 49, that you
are laboring under some misrepresentation
also as TO. that conversation.
You will, we think, recall the fact that
we explained to You fully that in any
communication that We might make in
response TO Mr.. ROYALS demand for the
charges. we would state that a. report had
been made by you. and TINT the charges
We're q part Of TINT report, and that there
Your standpoint or from Major f1anier's,
to the course which we suggested. since
munication that the charges were a part
of n report, which report we thought best
not to present In Its original forpl for the
reasons above stated
1t Is proper to state that both of the
conversation above referred to We're held
What part OF your report should be fur
nshed Mr.. Royal, or, In fact as to
whether any. of It, should DO furnished
him, and. before taking any action In the
wishes should be consulted, IN Dosing
with u paper from you as clerk TO lis as
commissioners.
Tho whole object of tho two Interviews,
that your report might be reduced to s ,
ctfic charges, no charges to be omitted In
order that we might deal with the exact
request made to us .iby Mr.. Royal.
y In view OF all this facts and circum-
stances attending our intervioWs and i Your our
communications relative thereto. we feel
that we should, as we now do, withdraw
all suggestions heretofore made IN regard
TO this matter yours truly.
II. G. STUART.
Other Letters introduced.
In addition to the letters read by Up
Ehur. thaIa WAS read n letter dnfad NTax,