Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1872-03-22
FRIDAY, MARCH %, 1872.
watts vs. Pearson. roox Pearson.

The recent decision of the Supreme
court Of the United States in the case Of
he Wilmington and Weldon Railroad Com
nany rs. Reid, which We published OH yes
'"rday, at last puts an end to n painful case
ri alleged ';judicial insuhordination' in
EoIth Carolina
The case in brief j rs follows: Reid, the
Sheriff Of Halifax county, had distrained
and was about 10 sell an engine belonging
TO the Wilmington ard Weldon Railroad
Company fOr taxes levied under an act
passed by the Radical Legislature in
March 1869.
The Company alleged that this act was
in conflict with It's charter, &c, aud
prayed, afaoug other things, for an in
junction against the Sheriff, restraining
him fEon selling the engine. His Honor,
IudSc WATTS granted the injunction,
Hherenpon the Sheriff appealed, and the
case went before tn" Supreme Court at
i;aleigh. After hearing the argument ON
noth sides, the Court, Chief Justice
E'TARsoN delivering tho opinion, oye1rIlled
The decision of Judge WATTS. There
IpOn, the case Was by writ Of error, car
red up to the Supreme Court Of the
United States to ascertain whether the act
of the Radical Legislature passed in March
$50 was not in violation Of that provision
in the Constitution Of the United States
which declares that no State shall pass any
laws impairing the obligation of contracts.
Mr.. Justice DAVIS delivered the opinion
ot the Court, and declared in the most en-
phatic terms that the act of the Legislature
refcrTed to was clearly unconstitutional,
and accordingly reversed the decision OF
Chief Justice PEARSON, and affirmed that
of His Honor, Jud@ WATTS.
On many accounts this is Il notable case
10 us in North Carolina. 1t shows that
there has, at last, been found q tribunal
before whose bar Chief Justice PRAFsOS
and his associates, the so-caIled Supreme
Court Of North Carolina, can be brought
for judgment. In this connection ii will
be readily remembered that It was through
he iuterpo6itlon Of his Honor, Judge
BROOKS, also of the Federal Court, that
his same Chief Justice PEARSON was gal
yanised, and the exhausted powers OF his
Court renewed during the Kirk war. so
hat whether our Chief Justice refuses to
act, or whether ho acts wrOnfully or more
properly speaking, q "a Judge MOORE, in
Unfortunately, the United States Judiciary
!, equal to the emergency. 1t is pleasing,
TOO, to think how great relief it must have
afforded Judge WATTS to b. acquitted Of
The charge Of; Judicial ins subordination.' We
imagine that the luxury OF having his
opinion sustained Try higher Court, was
rather a new sensation with 4 Judge who
could pIe1aco an opinion by declaring he
would give the jury : the best he had in his
shop" and who could define 4 lawful fence
to he ono horse high, pig tight and bull
strong" We leave his Honor 10 the enjoy
mcnt Of his victory over his Commander
in-Chief, the Chief Justice.
There is another thing remarkable about
this opinion Of Mr.. Justice DAVIS, in view
ot the fact that he is now the Labor Re
form candidate tor the Presidency, and that
is his utter reckless disregard Of the politi-
cal effect of his judicial action. Regarded
simply as a contest between WATTS and
PEARSON, Judge DAVIS would seem to
have made a political blunder in OverTul-
ing PEARSON. In the first place, WATTS
is an humble man, accustomed To being
overruled, and has but little political intiu-
cnce. PEARSON is arrogant and dictatorial as
a Judge. controls his four associates, IS IIn-
accustomed to being overruled, and is with
ii. one of the shreWdest, most unscrGpu-
Intls and persistent and influential politi
clans in the State. Yet il spite OF all this,
Mr.. Justice DAVIS oyerIules the man Who
has five votes, and sUStaiHs the man who
has only one vote IN the language Of
H1LLY SN1Fu, this is bully for DAVIS as a
Judge. Int it IS very bad for him as rol1-
tician.
And.. then too, lht ruthless lnailuer
iu which the northern giant iurjst brushes
tvyav the little Southern flv b1lzzing about
lis great .iudiciols car! How tie WATTS
viii swell when he cOmprehends IL \ big
bull dog couId not lift his leg over Il fec
with more conte5nrtn0us ropr50ia17co than
that with which Judge DAVIS treats .Iudge
PLAReoN Hear him!
There Is no Hjfic7'Hy 7~h0terc1- il MS
,.lxe. The General Assembly oi North Car
olina told the Wilmington and Weldon
failroad company, IN io7lgu7Je IN 'chlrh no
onc can misunderstood that if they would
complete the work of internal improvement
for which they were incorporated, their
property and the shares OF their stOcllhold-
"rs should he forever c[cmpt from taxa
ion.
Il ccltnE,Lu 1,enllireS no GlrnG!telli to