- Transcription
EDMUND B. NORVELL
ATTORNEY-AT-LAW
MURPHY, N.C.
June 30, 1915.
To His Excellency,
Locke Craig, Governor,
Asheville, N.C.
My dear Governor:-
I beg to hand you herewith, copy of letter from Hon. H. B. Verner, Chairman State's Prison Board, to Hon. W. T. Lee, of date June 22, 1915, relative to convicts for Hiawassee Valley Railway Company. You will note that Mr. Varner states that until we can get a positive statement from the Attorney General, that the Prison would be entitled to a cash credit for the hire of the convicts, that it is his opinion the Prison Board would not give us the convicts.
Attorney General Bickett in his letter of June 10th, addressed to Hon. H. B. Varner, near the bottom of the second page, uses this language:
But if they can be furnished and the Prison still be self sustaining, then I am of opinion that it is the plain duty of the Directors to furnish them entirely without reference to whether the State Prison can get credit on the books of the State Treasurer for the par value of the railroad stock paid for their labor. The General Assembly undoubtedly has the right to authorize the convicts to be furnished the Railroad and the value of their labor, whether paid in cash or in stock, to be paid direct to the State Treasurer for the benefit of the general fund, and if the proper construction of the several acts under consideration be that they authorized these convicts to be furnished to this railroad company and that the stock received for their labor must be paid to the State as a whole instead of to that particular part of the State represented by the State Prison, it is simply a case of Caesar directing what shall be done with Caesar's, and no one has a right to complain. This question, that is, whether or not the Prison may have credit upon the books of the State Treasurer, cannot properly be considered in determining whether or not the Prison board will Will furnish these convicts to this particular railroad.
At the expense of repitition I desire to emphasize the point that to my mind is as clear as the day, and that is that if these convicts can be furnished and the State Prison still be self sustaining, then it is the duty of the Prison Board to detail them to work on this railroad."
I cannot see how language could be plainer than that used by the Attorney General in his opinion to Mr. Varner, yet it seems that you and Mr. Varner and other members of the Board are not satisfied with that opinion, but want it more emphatic. This matter is of too much importance to Cherokee and Clay Counties and this section of the State to be allowed to fail on account of the difference of construction of a few words, and I am appealing to you to bring your best efforts to work in our behalf and see that the apparent obstacle is removed and that the State's Prison Board make an order at its next meeting to be held on the 13th of July, granting us these convicts. You cannot imagine what the failure to get these convicts would mean to this section of the State in the way of failure in development of territory isolated from railroads.
Hoping that you may be successful in getting the matter straightened out, I beg to remain
Yours very truly,
Enclosure: 1915, June 22. Varner to Lee
