Parties interested in securing convicts for the Hiawassee Railroad have called Mr. Lacy's attention to the statute appropriating convicts to the Elkin and Alleghany, and especially to that clause of the statute providing that "Fifty nor more than a hundred" shall be furnished to the Elkin and Alleghany. After the Hardaway Construction Company returned the prisoners employed by that company to the prison, we, as you may remember, assigned a large number of convicts to the Elkin and Alleghany. This assignment was made by the Governor and the Council of State all participating in the action. The statute, as you may remember confers full authority on the Governor alone in regard to the convicts to the Elkin and Alleghany. What do you think of the power of the Governor to furnish more than a hundred convicts to the Elkin and Alleghany under the statute, receiving in pay therefor the stock of the railroad company? I did not know until today that the statute limited the number to one hundred.

As you know I feel a great interest in your road, and wish to do nothing that would impede its progress, but I must not in accordance with law, and write now for your opinion. I do not wish to take any hasty action.