Waather To-Dayi FAIR; WARMER.
VOL. XLV. NO. 152.
Beef Wormu And Putrid
WALTERS ATE IT AND BECAME
VIOLENTLY ILL,
The Most Sensational Story of the Beef
Yet Heard —Other Volunteers
Corroborate it,
Washington, March 2.—There were
several interesting developments in the
beef court of inquiry to-day. It was
a field day for the volunteer men of the
service, the waiting room being filled
all day with members of the various
volunteer regiments which served in
Cuba and Porto ltieo. The first of these.
Clarence Walters, of the First A olun
teer Engineers, told a sensational story
of hardship and inhumanity suffered
during his service describing tlia canned
roast beef in harsher terms llfan have
ever before be n applied to that much
discussed article. Later in the day
Lieutenant Sewell, United States Ar
my, who was Major of the volunteer
battalion in which Walters served, con
tradicted his story completely.
An important development was the
denial of the story by one .Tames Far
nan and also attributed to Dr. Maxwell
Christine, of Philadelphia, that they
had seen beef injected with chemicals
in an Omaha packing house. Dr. Chris
tine explained that what lie had seen
was the pickling of corned meats, the
brine being injected into the meat to
save several weeks’ time in the picking
vat.
The question of counsel for Gen rnl
Miles before the court is still in abey
ance, some correspondence having pass
ed between the General and the court,
but both sides decline to give out the
letters till a settlement is reached. Gen
eral Mil s has not asked to be repre
sented by counsel presumably because
that would put him in the position of ad
mitting himself on trial by the court,
which up to date he has declined to
admit. On the other hand the court does
not feel able under the articles of war
to permit Major Lee or . anyone else
to cross question witnesses unless In*
can be recognized officially as counsel
for the defence. It was stated that
this matter probably will be settled
To-morrow.
The court expects to start West
Tuesday or Wednesday of next week.
Walters, in his testimony, said that
the first can of be f he saw opened
on the transport going to 'Porto Rico
had worms in it. and a few minutes
after being opened developed such a
putrid odor that it was impossible to
have it about. He ate some of it and
was violently sick. He said he had
been on sea trips before and was
never seasick. The men of his com
pany complained of the meat and nearly
all the men of his battalion were sick
throughout most of the voyage as a
result of eating this meat.
After reaching Porto Rico ho was
sick for a week as a result .of the voy
age. At least two-thirds of his company
were fully as sick as lie and from the
same cause.
Captain Herbert Hicks, of Company
M, Second Massachusetts, followed
with an account of the canned be f
used by his command in Cuba. His
description of the meat did not make
it quite so repulsive as that served to
Walters in Porto Rico, but he said it
■was a slimy, stringy mass, nauseating
to the taste, without nutriment and
without form that could he r cognized
as meat except by the melted fat with
which it was soaked.” Witness was
shown several of the cans oa hand with
the commission but said that they wore
not the same that he had si*, n in
service. Walters made the same state
ment on being shown the same cans.
Lieutenant George Taylor, late of the
Sixth Massachusetts, who said he was
a groceryman before entering the ser
vice, said his regiment served in Porto
Rico. They had very little that they
could cat on the trips down. They some
times had bacon, but no chance to cook
it and had to throw it. overboard. They
had canned roast beef which they could
not cat and had frequently only canned
tomatoes, hard tack and coffee.
Asked if he thought any sickness in
his command was caused by the food
tlie men had to eat, he replied:
'T think it was more due to what we
did not have to eat. When we got to
Porto Rico there were 30 of our men
so sick that they were never landed.
“He had been a grocer ten years and
handled canned roast beef, but it was a
better article than lie had seen in the
army. Ilis trade in canned beef, Jiow
ever, was very small.”
M. O. Dwyer, of the Ninth Massa
chusetts volunteers, said on the trip to
< ul,a they had been served a fairly
g«<od brand of canned roast beef, much
the same as he had at home. After
landing at Si honey, on the night of July
1-t. the company had canned roast beef
issued for a five days ration, la if lost it
all on going into action. Thereafter they
had about half canned meat and half
bacon. Some of the canned roast beef
was absolutely spoiled when opened, but
it was all uneatable and did not satisfy
the hunger nor keep tip the strength.
One of bis experiences with the can
ned roast beef was on San .Tuan Hill,
when his mess was out of rations. He
found a can of roast beef in one of the
abandoned camps of the Sixth cavalry.
“I thought it was going I<> la* a G**d
send to the mess, sir,” said he feelingly,
“and I put it in my shirt. I was smok
ing a cigar at the time but when the
The News and Observer.
mm ill mm Carolina dailies i news and circulation.
i cigar went out l smelled something aw
ful, and when I found out what was the
matter, it was the can of bee? m my
shirt. I found the can was cracked in
one corner —and oil, sir, it was awful!’
I His first experience with the refrigera
tor beef was on the Sait Juan Hill. July
21st. The beef was nearly all of it
mouldy and most of i! tainted so that
the men were sickened by eating ! r. On
the voyage home the men could eat little
but hard tack and co h e.
"Then we started homo, sir,” said
Dwyer in cnoclnsion, “and when we jfbt
to Montauk Point the Massachusetts
Aid Society rescued us from the Com
missary Department.”
Lieutenant Newton Putney, another
Sixth Massachusetts man followed. His
story df the voyage of the Yale to Porto
Rico agreed substantially with that of
Lieutenant Taylor, the tomatoes being
bad, the canned meat worse and bacon
being issued without any facilites to
cook it. So far as he knew the iim* offi
cers complained to their Colonel, but
nothing came of it.
On short* the men complained of the
canned roast beef, but they were in the
habit of kicking and witness paid little
attention to it. till going into the interior
with six men on detached duty they took
two-tliirds of their m<*at ration in can
ned roast beef and had to throw it ah
away.
Quartermaster Sergeant M. \Y. Leth
bridge, of the Second New York, whose
Service had all been in the United States,
said bis experience with the refrigerated
beef bad been quite satisfactory.
Os the canned beef, be had handled
about 1,200 - pounds for his company.
Only about 40 pounds of this was ever
used. A large amount was condemned
by a board of survey, and of a large
nuut'oer of apparently perfect etuis he
had persorfijtly opened one in fit-e was
absolutely putrid, while none of it was
wholesome and fit to use.
Lieutenant John S. Sewell of the reg
ular army, who served as Major of the
First volunteer engineers, and who was
aboard the transport that carried Clar
ence Walters to Porto ltieo. testified that
there was no canned beef aboard this
transport to his knowledge. T here was
canned corn beef in cans such as were
described by Walters as containing can
ned roast beef. ll** recollected Walters,
but the latter never had complained to
him of the ration or of his treatment
while in rite service. On tin* contrary.
Walters said he had been very we'i
treated.
Private Stubblebine, of the Seventy
first New York, said be had been made
sick three times by eating roast beef and
thereafter avoided it as much as he
could. lie was shown some of the fresh
ly opened cans of beef on the table and
said it was in a general way like what
he had seen in Cuba, but was some
what better meat.
Os the refrigerator beef nearly all that
he saw was tainted.
Guy P. Yistinski, of tin* First volun
teer engineers, had been three months in
Porto Rico and had only ate canned
roast beef once. It. made him sick.
There was one brand of canned corn
beef that also made tin* men ill. but
another brand they could cat. They
only got a little of this sort.
R. C. Miller, of Rochester, a machin
ist by trade, and a private of the Eighth
Ohio, bad had large experience with
canned roast beef while camped in
Cuba. His testimony was dearer and
more assured than that of most of the
enlisted men. About one-third of the
| canned beef \v:is tit for use and tin* rest
condemned. One half the refrigerator
beef had to be buried and of the rest
very little could be* said to be good. The
men were hungry and ate it.
Dr. Maxwell Christine, of Philadel
phia, the witness who was supisssed to
have seen iho chemical preparation of
meat in the packing house of Swift A
Company, in Omaha, testified that while
in Omaha last year ho had been through
the slaughter house of the Swift firm
and had seen a man with a canula on
the end of a flexible tube shoving it in
, to sections of meat and injecting them
| with fluid. He did not know at tin*
: time what the fluid was or whether the
| meat being treated was corned beef,
| pork, or refrigerator beef
He paid little attention to the matter
at the time, but when the discussion
over “embalmed beef” arose he deemed
it his duty to write to General Miles,
telling him what he had seen. He did
not say in his letter that it was "beef”
V’hieh was being injected, but said inero
; ly fnat it was “meat.” lie had regard
; ed this communication as confidential.
but if had gotten out and brought him
, a great many letters. Among others was
a letter from a man in New York sign
ing himself Wentz and asking if Dr.
Christine knew that the injection pro
cess lie had witnessed was thi* regular
way of corning beef and hams, ns the
injection with pickling fluid reduced" the
period of pickling the meat by several
weeks.
I*lll NOE IIKNRY IN COMMAND.
Wilhelmshavcn, March 2.—Emperor
William has promoted his brother.
| Prince Henry, of Prussia, to command
the cruiser squadron.
BALEietH, N. 0., FRIDAY MOHNIN&, MARCH tS. 1899.
KIPLING READS THE PAPERS.
Ilis Children's Illness Said to bo Not
Serious.
New York, March 2.—That, Rmlyard
Kipling’s condition has improved very
greatly during the past twenty-four
hours is evinced by the fact that but
mu* bulletin was posted during the day.
That was of a very satisfactory nature
and it was announced that no further
bulletins would be forthcoming until
To-morrow afternoon. The bulletin is
sued at the Hotel Grenoble at 2 o’clock
this afternoon was:
“Mr. Kipling has made satisfactory
progress. Hi* has but a slight fever,
but is comfortable though weak, and res
olution is taking place in tin* affected
portions of the longs.
(Signed) "E. G. JANEWAY.
‘THEODORE DUNHAM.”
Another indication that the patient
is getting along well is that to-night
Ik* ask, d to be shown the newspapers,
and he seemed to lu> greatly pleased and
affected at tin* interest in his illness
shown by tin* American people.
Mr. Kipling sjK*nt a comfortable
night. Ho slept for some hours and
rested well, and again this morning
In* enjoyed an hour or two of sleep. In
this way he lias in a great measure re
cuperated his strength, and the promises
are very bright for his spe: dy recov
ery.
According to the* latest reports Kip
ling's two little daughters arc not so
seriously ill as was at first thought.
The elder. Josephine, a child of six, is
being cared for at tin* home of Miss
DeForest, a friend of Mrs. Kipling, and
to-night Miss DeForest said that tin*
little one was doing “very nicely in
deed.”
She is suffering from pneumonia,
and it is not known yet whether she is
absolutely out of danger. The* younger
of Mr. Kipling’s daughters, Elsie, a
child of three, was said to-night by Dr.
Doubleday to be suffering from nothing
more serious titan severe bronchitis, and,
he said, it is hoped that the physicialJ
will la* able to save her from pneu
monia. She is isolated at the hotel
Grenoble.
REGULARS FOR MANILA.
Six Regiments Ordered There to Re
inforce Otis.
Washington, March 2. -«ii * '•Veretary
of War has ordered the reinforcement
of General Otis by six regimen's JTusc
are the Sixth artillery, scattered along
the Atlantic coast States; the Sixth in
f.-intry at San Antonio; the Ninth in
fantry at Madison Barracks, Thirteenth
infantry in New York State, Twenty
first infantry at Fort Crook and neigh
boring posts in the middle West.
These regiments have been ordered
to make ready to proceed to San Fran
cisco and then to Manila.
In answer to the direct question as to
whether or not regular troops are in
tended to relieve a corresponding num
ber of volunteer soldiers at Manila, it
was said at the War Department that
white this probably would be the ease,
it was not possible yet to make a posi
tive statement.
This means that if when the reinforce
ments arrive at Manila the conditions
are satisfactory the volunteers will be
brought home; but if Otis shall have
need formal! of the combined force then
they must wait.
The reinforcements are made up of
troops who are not only regulars in the
full sense of the term, but who have
been through the Cuban or Porto Rican
campaigns. They know what if is to be
under fire; how to hunt Indians and also
how to fight in the tropical jungles.
With them replacing the same number
of volunteers General Otis will have a
majority of regulars in his command,
something the War Department hits
earnestly desired to bring about at the
earliest possible moment. The position
of the American commander at Manila
also will Im> safe-guarded against the ef
fect of a sudden and forced discharge
of volunteers by the ratification of the
peace treaty.
REIN A MERCEDES RAISED.
Trouble l ,v ari d to Ik* Brewing at
Santiago.
Santiago de Cuba, March 2.—After
considerable delay the former Spanish
cruisevßeina Mercedes, which was sunk
in tin* channel of Santiago harbor dur
ing the bombardment by Admiral Samp
son's fleet on June titli, has been raised
and pumped out, the Government tugs
assisting the wrecking company.
She was (brought up to tin* citv this
afternoon. Such repairs as can he
readily effected will he made here, after
which she will probably ;,•>■ towel to
Havana, though final orders as o her
movements have not yet been :ceived.
A climax lias been reached in the af
lairs of Santiago. The estimates for
February have been reduced from s7<>,-
000 to $30,000, and amounts aggregatin''
$80,(100 expended last month have been
disallowed by the authorities at Havana.
For the month of March all expenditure
tor tin* entire province must la* kept
within SIO,OOO.
Even those* Cubans wlm are friendly
to the United States authorities ay
that this amount is less than was
allowed at any time umder flu* Spanish
regime.
To-morrow more than seven hundred
men will be out of work, a circumstance
generally recognized as a dangerous
menace to public safety at this juncture
and involving a large additional police
force.
Many Cuban politicians who have not
yet received appointments, will, it is
toured, use the occurrence to inflame the
minds of the unemployed. Ine result
is difficult to forecast. As a straw
showing tin* way tlu* wind is blowing, a
company of the Ninth immune regiment
has been ordered into tie* city. 'Lids
move is probably connected with the ex
pected trouble.
FOR FAVORITE BILLS
Congressmen Clamor to be
Recognized,
FUNDS FOR EXPOSITIONS
SENATE BASSES WINSTON PUB
LIC building bill.
WOULDN’T CCNSID R WHEELER’S CASE
The Puritan is Out of Commission. A Large
Part of the North Atlantic Squadron
May Very Soon be Out as
We!!.
Washington, March 2.—No conference
reports on appropriation l iils were
pressing at six o’clock tins evening end
tin* House therefor paid I‘s last tribute
of respect to the memory of the late
Representative Hurley, o p New A ork,
by adjourning until to-morrow at 11
o’clock. An attempt was made today
to consider the resolutions reported by
the Judiciary committee declaring that
General Wheeler and the three other
members who accepted commissions in
the army had tlier by vacated their
seats, but the House in* an overwhelm
ing vote refused to consider them. The
political division upon this vote was sig
nificant. The vote stood 77 ayes cast,
by 21 Republicans, 43 Democrats and
13 Populists and 146 nays, cast by 101
Republicans, 44 Democrats and 1 Popu
list.
A half million dollars each was appro
priated under suspension of the rales
for the Pan-American Eximsition at
Buffalo and the Ohio Centennial at To
ledo.
The Senate bill carrying $1,000,000
for a new building for the Department
of Justice was passed.
A number of conference reports on
minor bills were adopted.
There was a great scramble for unani
mous consent legislation when the
House met at 11 o’clock. With the
end of the Congress only 4$ hours off
almost every rmxmlWr had some local
measure he was trying to rescue from
death on the calendar, and they stood
in the area in front of the Speaker’s
rostrum ten deep clamoring for recogni
tion. .V numb rof bills were passed,
among the series authorizing various of
ficers of the Government to accept dec
orations from foreign Governments.
Mr. Payne (Rep., N. Y.). the floor
leader of the majority moved tin* pass
age, iiml. r suspension of the rules, of
tin* bill appropriating $500,000 for the
Pan-American Exposition to be held
at Buffalo, N. A’., in 1901.
Air. Simms (Deni,, Tenn.), opposed the
Buffalo Ex'iKtskion bill. Ho thought the
appropriation of money for this class of
expositions should cease. The line must
he drawn somewhere and Buffalo was as
good a place to draw it as any other
city.
Mr. Maddox Dent.. Ga.), opposed tin*
bill. lie described the peregri nations of
the Government exhibit over the coun
try and facetiously cautioned the Buf
falo member to take good care of it,
as it would be needed later at St. Louis,
Toledo, Detroit and other places.
“Didn’t you see it last at Atlanta?”
asked Air. Clark (Deni., ATo).
“Oh! The gentlem n is behind the
times,” replied Air. Aladdox. "The ex
hibition lias been to Nashville and
Omaha since then.” (Laughter).
Air. Richardson (Dent., Tenn.), sup
ported the bill. Air. Bailey, tin* Demo
cratic leader said lie had steadily resist
ed these appropriations for expositions.
Front tin* first he regarded the principle
as far more important than the actual
appropriation.
While he did not think this bill was
right or should pass he would vote for
it because other cities had had such ap
propriations, and in* did not think there
should he an invidious distinction
against Buffalo. Tlie good feature of
this bill was that, like its predecessors,
it did not establish the principle that
the Government could authorize these
expositions. The appropriation it con
tained was simply for a Government ex
hibit.
The bill was then passed 141 to 16.
A demand for the ayes and noes re
ceived tlie support of only five mem
bers.
Mr. Southard followed this motion with
n motion to suspend tin* rules and
pass a bill to appropriate $600,000 for
the Ohio Centennial Exposition to be
hold at Toledo.
“When is this show business to stop?”
asked Afr. Cox (I)cm., Tonn).
"It ought not to stop until after this
exposition is held,” replied Air. South
ard amid laughter.
Proceeding he explained that the To
ledo ■( xposil ion was to commemorate
ilk* one hundredth anniversary of Ohio’s
admission into the Fnion. It was also
to be a Northwest Territory Exposition.
Air. Simms also opposed this bill. He
said the Smith would pay dearly the
interest on the appropriations for Nash
ville and Atlanta. Together they re
ceived $350,(100. Here within eigtliy
minutes the House would vote $1,000,-
000.
Air. Burke, (Dcm. Texas), called at
tention to the fact that the House earlier
in tin* session had refused to grant to the
Dallas Exposition for which the people
of his State had raised $1,200,000 the
poor privilege of importing exhibits from
Mexico.
The Dill was passed, 120 to 19.
Air. Henderson, (Rep. Iowa), chair-1
man of the Judiciary Committee, then I
called tip the resolution reported from
bis committee, declaring that General
Wheeler, of Alabama; Colonel Colson,
of Kentucky, and Colonel Campbell, of
Illinois, and Alajor Robbins, of Pennsyl
vania, in accepting commissions in the
army had vacated their scats in the
1 louse.
Mr. Lacey, (Rep. Iowa), raised the
question t*f consideration against the
resolution. On: a rising vote the division
stood 43 to <N7 against consideration.
Air. Bailey demanded the ayes and
noes.
A very interesting colloquy occurred
at this point. Air. Bailey appealed to
Mr. Richardson, (Dcm. Tenn.), who dal
not rise to support the demand to help
secure the ayes and'noes.
"1 think you should,” said he.
“I disagree with you,” replied Air.
Richardson.
“Yon are afraid to go on record.”
“No. I am not.”
“I’ll get a record vote without your
help.”
“You have no right to impugn my mo
tive's,” retorted Air. Richardson.
The demand was seconded by 51 mem
bers. more than a sufficient number and
the roll was called.
The House refused, 1(!4 to 77 to con
sider the resolution.
Tin* announcement was greeted with
applause. Alt*. Walker, (Rep. Mass.),
again attempted to secure unanimous
consent at this jioint to address the
House for an hour upon the Banking
and Currency question, but Air. Barrelt
(Rep. Mass.) objected. Air. llilborn
(Rep. Cal.) then moved to suspend the
rules and non-eoncur in the Senate
amendments to the Naval Appropriation
Bill.
Air. Underwood (Dcm. Ala.), defended
the proposition for a Government armor
factory. Armor was made only for the
Government. It would not come into
competition with private concerns. The
Government should, he argued, manu
facture its own guns and armor.
An agreement was reached by which
the House should have opportunity to
pass upon the Senate armor plate and
Gathmann dynamite gun amendments
before the conferees rejected these
propositions, and with this understand
ing the Senate amendments were disa
greed to and the bill sent to conference.
Owing to the lateness of the session,
Air. Fisher (Rep.) said he would not
ask the House to set aside to-morrow for
paying tribute to the memory of his late
colleague, Mr.* Hurley, of New York,
but leave was allowed members to print
remarks, and at 5:55 p. in., as a further
mark of respect, the House adjourned.
SENATE PROCEEDING S.
Washington, March 2.—The Chaplain
of the Senate in his Invocation at the
opening of to-day’s session paid ti tribute
to Lord Farrer Herschell, of the High
Joint Commission, who died in Washing
ton yesterday.
The prayer was ordered to be printed
in the Record.
Tlu* cons reneo report on the bill au
thorizing Governors of States to be re
imbursed for expenses incurred in rais
ing and equipping the volunteer army
was agreed to.
Air. Hale (Maine) presented the con
ference report on the Naval Personnel
Bill and it was agreed to.
Mr. Faulkner (W. V.), presented the
protest of 4!) out of 97 members of the
West Virginia Legislature against the
seating of N. B. Scott, elected Senator
for the term of six years, beginning
March -4th, 1899. The protest. was
filed.
A House bill authorizing the erection
of a public building at Winston. N.
to cost not more than $50,000 was
passed.
Air. Carter (Alont.). secured considera
tion for the bill providing a code of crim
inal laws for Alaska. The Senate com
mittee amendments were adopted and
til*;* bill was passed.
Under special order the Senate then
devoted forty-five minutes to the pass
age of private pension bills and bills
to correct military records.
Air. Carter presented the conference
report on tlu* Census Bill and it was
agreed to.
Mr. Turley (Tenn.), moved to take up
a House measure limiting the hours of
daily services of laborers, workmen and
mechanics employed u*]K>n the public
works or work done for the United
States or any territory or the District
of Columbia. The motion prevailed, 30
to 20. .
A conference was agreed to on the
Naval Appropriation Bill, and Senators
Hale, Perkins and Gorman were named
as conferees.
Air. Perkins (Calif.), then moved tiv
take tip the Fortifications Appropriation
Bill, and if was agreed to, 39 to 14.
The vote upon the Fortifications Bill
displaced the labor bill. Pending con
sideration of the Fortifications Bill a
number of measures were passed, among
them one authorizing the Commissioner
of the Freedman's Saving and Trust
Company to pay <!2 per cent dividends
to depositors; also the House bill to
encourage the exposition at Buffalo.
The* Senate then proceeded with the
Fortifications Bill, the bill being in
tprecisely the same form it passed the
House. It carries $4,744,798.
In the course of an argument on the
prices paid for fortifications guns. Air.
Gorman adverted to the action of the
Senate yesterday on the armor plate
question when the price of armor plate
was reduced to S3OO a ton. While a
large army had been provided, yester
day’s action indicated that no effective
provision had been made for the navy.
The action of the Senate on the armor
plate matter would, in Air. Gorman’s
opinion, prevent the completion of any
war vessels, the armor for which had
not already been contracted for. “So,”
said he, “we shall have until 1901 a
fop-heavv army and no proper navy to
go with it.”
Air. Hale reported the General Defi
ciency Appropriation Bill and gave no
tice he would call it up early to-mor
row.
(Continued on Fifth Page.)
The Wilsons Re-Instated
THE OPPOSITION O THE REPORT
TALKF/4) DEATH.
v
v ”
Joint Session Began at 4 O'clock Yesterday
and Lasted Until 3:30 This Morn
ing—Vote on the Question.
The following was the vote this morning at 3 o'clock to r Instate .T. W.
Wilson and S. Otho Wilson in the office of Ituilroad Commissioner, and pay
them salary from the date of their suspension:
TO RE INSTATE .T. W. WILSON.
Senators. —Black, Brown, Bryan, Cheek,
Cocke, Cnwper, Davis, Eaves. Glenn.
Jatues. Jerome, Jones of Johnston,
Justice, Lambert, Lowe, Mason, Os
borne, Satterfield, Skinner, Smith,
S|*eight, Travis. Wilson.
AGAINST .1. W. WILSON.
Senators.—Butler. Campbell, Collie.
Cooley, Crisp, Daniels, Fuller, Good
win, Hairston, Harris, Hicks, Hill,
Lindsay, Alillor, Mclntyre, Newsom.
Ward, Whitaker. Williams —19.
TO REINSTATE J. AY. AVILKON.
Representatives.—Connor, Allen, of
Wayne; Austin, Burrow, Boushall.
Brown, of Johnston; Brown, of
Stanly; Bryan, of Madison; Bunch,
Carr, Carraway, Clarkson, Council.
Craig. Currie, of Bladen; Davis, of
Franklin; Ellen. Gattis, Giles, Gil
liam, Ilartsell, Hauser, Hoey, Hoff
man. Holman, .James, Johnson, of
Johnston; Justice, of Alc-Dowell; Jus
tus. Konnett, la*ak. Leatherwood,
Leigh, Lowery, Mclntosh, Alauney,
AleFarlamL/McLean, of Harnett; Ale-
Lean, of Richmond; Aloore, Nicholls,
Nicholson, of Beaufort; Nicholson, of
Perquimans: Noble. Overman, Patter
son, of Caldwell; Ransom, Ray, of
Cumberland; Itay,, of Macon; Robin
son, Rountree, Smith. Sugg. Thomp
son, of Davidson: Wall. White, of
Halifax; Williams, of Iredell; Wilson.
—59.
AGAINST J. AV. WILSON.
Representatives —Abbott, Alien of Co
lumbus, Barnhill, 'Boggs, Bryan of
Granville, Carroll, Coates. Crnuipler,
Currie of Aloore, (Artis, Davis of
Haywood, Eaton, Fleming, Fousliee,
Gam bill, Hampton, Holland, Johnson
of Sampson, Dane, Lyon, .Maitland.
Patterson of Robeson, Powell, Pritch
ard, Redding, Reinhardt, Tarkentou.
Tharp, Thompson of Onslow, Welch,
White of Davie, Whitfield, Williams
of Graham, Williams of Yadkin,
Wood, AY re nu, AV right—37.
Total for J. AY. AA'ilson %8J
Total against J. \\ r . AA'ilson 5(5
ABSENT AND NOT VOTING.
Senators.—Fields, Franks, Jackson, Jones, of Harnett; Murray. Bobinson,
Thomas. —7.
Representatives.—Alexander, Beasley, Farter. Cochran, Davis, of Hyde; Dees,
Garrett, Harrison, Hart. Henderson. Hendren. McNeill. Oliver, l‘etree.
Beeves, Bussell, Sni|*>s, Stevens, Stuhhs. Trotman, Willard. Williams, of
Dare; Winston, Yarborough.—-o. t
From 4 o’clock yesterday afternoon to
3 o’clock this morning the joint session
of the General Assembly heard argument
on the eases of J. AY. AA ilson and S.
Otho Wilson, suspended from the Rail
road Commission September 23d, 1897,
by Governor Russell. -At the close of
argument a vote was taken as above.
Great interest was manifested in the
trial and the ball of the House was
crowded from the beginning of the hear
ing until .the door-keeper unlocked the
door to let out the fagged mid- sleepy
spectators and members at half past
three this morning.
After J. AA'. AA'ilson and S. Otho AA'il
son had been reinstated as Railroad
Commissioners the resignation of S.
Otho AA'ilson, which was handed in to
Speaker Connor the first part of the
session, was laid before the joint ses
sion and accepted. Alajor AA'ilson would j
have a month yet to serve had not. the
office of Railroad Commissioner been ;
abolished. Each will draw salary in full |
from the time of his suspension, about
$li,0()0 for tlu* two.
Counsel for the Governor and the Wil
sons occupied the time of the afternoon I
session. Judge Mcßae spoke first for
tlu* Governor, Air. R. O. Burton next
for J. AA'. AA'ilson. Air. R. 11. Battle fnl- 1
lowed for S. Otho Wilson and Air. AY.
C. Douglas closed for the Governor.;
Each spoke 45 minutes.
Judge Macßae began by staking off
his claim.
"I desire to state in the outset that I
the Governor of North Carolina is not
the prosecutor in this ease as was made
to appear yesterday. The Governor of
North Carolina is today present here by
counsel, hut it is not of Bis seeking. IB* 1
has in the discharge of the duties of his!
position suspended certain officers, and 1
ho has presented to this General -As- i
scmbly his reasons for so doing. ’There
his duty ended.
“But a committee lias invited him to
send counsel here to represent him. He
is willing to take up the burden and
justify his acts. He is willing to la* rep
resented here by attorneys if ihis body
so desires.”
Having staked his claim the Judge
proceeded to build thereon by calling
attention to the laws under which tin*
AYilsous were suspended. He read
Article 111, section 4 of the State Con
stitution. which prescribes the oath the
Governor shall take before entering .
upon the duties of his office: also section
3.320 of the Code prescribing his du
ties as chief executive, and provisions
of the Railroad Commission Act (chapter I
THIRD EDITION!
PRICE FIVE CEE TS.
TO RE-INSTATE S. OTHO AA'ILSON
Senators. Black, Brown, Bryan, (’hook,
Cocke, Cowper, Dav s. Eaves, Glenn.
Janies, Jerome, Justice, Lambert,
Lowe. Mason, Osborne, Satterfield,
Skinn r, Speight, St.inbaok, Wilson.—
21.
AGAINST S. OTIIO WILSON.
Senators.—Butler, Campbell, Collie, Coo
ley, Crisp, Daniels. Fuller, Goodwin.
Hairston, Harris, Hicks, Hill, .Tones
of Johnston, Lindsay, Miller, Alclu
tyre, N'.wsom, Smith. Travis, AVhita
ker, Williams—2l.
TO REINSTATE S. OTIIO WILSON.
Representatives.-Connor, Allen, of
Wayne: Austin. Burrow, Boushall.
Brown, of Johnston; Brown, of
Stanly; Bryan, of Aladison; Bunch,
Carr. Coates, Council. Craig, Currie,
of Bladen; Davis, of Franklin; Ellen,
Gattis, Giles, Gilliam. Hart sell,
Hauser. Hoey, Holman, James. John
son. of Johnston: Justice, of Alc-
Dowell; Justus, Ivennett, Leak, Leath
erwood, Leigh, Lowery, Alclutosh.
Alauney. MeFarland. McLean, of Har
nett; McLean, of Richmond; Aloore,
Nicholson, of Perquimans; Overman,
Patterson, of Caldwell; Pritchard,
Ransom, Ray, of Cumlterland; Ray, of
Macon: Robinson, Rountree, Smith,
Sugg, .Wall, White, of Halifax, AVil
liams, of Iredell; Wilson.—s 3.
AGAINST S. OTHO AA’ILSON.
Representatives—Abbott, Allen of Co
lumbus. Barnhill, Boggs, Bryan Os
Granville, Carraway, Carroll. Clark
son. Crumpler, Currie of Aloore. Cur
tis, Davis of Haywood, Eaton, Flem
ing, Fousliee, Gambill, Hampton,
Hoffman, Holland, Johnson of Samp
son, Julian, Lane. Alaitiand, Patterson,
of Robeson, Powell, Redding, Rein
hardt, Tarkentou. Thompson of Dav-
Thompson of Onslow. Welch,
AA'hitfield. Williams of Graham, Wood.
AA'renn, AA r right—37.
Total for Otho Wilson 74-
Total against Otho AA’ilson 58
320, Laws 1891) prescribing qualifica
tions for a Commissioher were read and
discussed.
Constitution: “The Governor . . .
shall . . . take an oath . . . that he will
faithfully perform the duties appertain
ing to the’ office of Governor . . . .”
The Code, section 3,320: "He (the Gov
ernor) is to see tßn 1 all offices an* tilled
and the duties thereof per form* *< I, or in
default thereof, appl.v such remedy as
the law allows, and if the remedy is im
perfect acquaint ihe General Assem
bly therewith.” „
Railroad Commission .Act: “Said
(Railroad) Commissioner shall not . . .
be tin* holder of any stock be the
agent . . . or have any interest in any
way in such company, and shall so
continue during the term of his office,
. . . and in case any Commissioner shall
fail in this, or in case any one of them
shall become disqualified to act, then it
shall be tlu* duty of the Governor h*
suspend him from office and report the
fact of his suspension, together with
the reason therefor to the next General
Assembly, and the question of his re
moval from office shall be determined By
a majority of the General Assembly in
joint session.”
“And this,” added Judge Alacßae, “is
what brings this assemblage together
this afternoon. Anil let it right here*
be understood that the Governor has
never undertaken to remove these men
from office. He has, in compliance with
the law and Constitution, suspended
them and has reported the case to you.
“I beg also to call your attention to the
fact that this suspension was not made
in a corner. It was not done without
deliberation—anxious consideration and
careful inquiry. Nor was it taken
without legal advice. The first notch* in
the ease was issued on August 24th and
the suspension was not made till Sep
tember 23d. Do the facts brought in the
•testimony disqualify the Wilsons from
acting as Commissioner? If so you will
say so and no more.
“The main interest In this case clusters!
around the Round Knob Hotel, at the
foot of the mountains. Historic spot!
Here it was a great engineer one** gath
ered up tin* water with which to sluice
out. Mud Cut. So this is not the first,
time the waters of Round Knob have
been muddied. Notwithstanding the
high-shooting fountain of pellucid
waters uear the hotel, the bistorv of
Round Knob is a history of mud.”
This history Judge Alacßae review
ed, touching especially upon the tips and
(Continued on Second rage.)