Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1872-06-21
nfr. Insficc CnntMeII.

kkr. JUSTICE NanB"eAA
\ wise fellow, and which is more, an officer
and which is more, a se-hOder and which
j., more. as pretty piece OF flesh as any i'll Mes
,ina ; and one that knows the law, go to and
. rich fellow enough, go to and a IellOw that
hath had Losses. and one that hath two gowns.
and everything handsome about him-K"ch
"a, .tb00t N0thf1T.
This learned legal luminary, who writes
himself g Chief Judicial officer" Of the
city. las given to the Board of Aldermen
his views upon tho recent act Of the LPgis-
lalure, entitled % an act TO give the Chief
Officers of cities and towns the criminal
jurisdiction Of Justices Of the Peace" The
question at issue is an important one to the
citizens Of Wilmington, as we'll as To JUS
,ee Cantwell, for the reason that the act
referred t. makes il the duty Of Mayor
wilson TO perform the services That Mr..
rautwcIi is How paid TO perform. The let
ter consists of a denial OF the constitution
ality Of the first section, a statement of
=. the effect of tie second section " of the
,a.t, and a L. :. Our . Chief Judicial Of
ccr" declares that the first section of the
act is plainly unconstitutional. The ST.
p!tillt ttlit VI -NOiA4i 81 'ihlte 'A4''iN
say differently, and in 4 matter Of this sort
have. the very slIbstaut ial advantage Of hav-
ino " the last swear > in the case, so that
without pretending TO say which may have
HE better of the argument, it may be safe
N asserted that the Supreme Court has the
better of Tire decision
In discussing " the effect Of the second
section :" our Justice takes occasion to
congratulate the Board upon the adjourn
!,cut and legal demise of the late Genel al
Assembly," and to state that being specially
odoas" tJ the dominant party i'll that
body, it haG been determined to "shell
linn out Of office, but that, with the as
si-taucc of the Board of Aldermen, lie had
cen labIed to hold his position. In re-
srd to this we have only to say that, if the
l.-4I demise of the General Assembly or
the odiousness, special OF general, of Justice
Cantwel, or Lis ability, with or without
the assistance of the Aldermen, to hold his
office, be in any sense 4" the effect of the
second section Of the act referred to, we
consider it clearly case Of remote or Gin
direct damages to which a parallel can
BE- found only in the Alabama Claims case
aud accompanying documents. 1t may how
ever, ba we'll enough, in addition To this, to
intimate that some people concur in the in
ference, to be drawn from his declaration,
that our 'Chicf Judicial Officer holds and
las held lis office rather by the grace and
goodwill of the Board Of Aldermen, than
by any constitutional right or legal investi-
ture.
But, like a wonan's letter, the best
part Of the Justices opinion is contained
in the p. S., in which lie makes mention
ii the case ofthe State rs. Pender.
The case of the state rs. Ddcid Pc1lde1
"eut up to the Supreme Court from the
county of Edgecombe. Judge RODMAN,
in delivering the opinion ofthe Court, used
,'rc fJlowing words
The magistrate who issued the process
under which the supposed offender in this
case was arrested, is the chief officer of the
town of TarbOro, and his official title i;
Magistrate of Police. The question, there
. !
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Legislative power to create Special Courts
for the trial Of misdeDeanors in cities anC
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