The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1878-05-01
WITHDRAWAL OF THE NAME OF
JUDGE SCHENcK FOX CHIEF JUS
TICE.


TICE. .7 s1ss
When u was supposed and believed by
large number Of people IN the Western
section OF the State and elsewhere That the
present Chief Justice, Hon. w. n. H.
Smith, entertained the opinion that the
trial Of fkevenuelofficers and others who
violated our State laws could legally and
Consfitaficaaiig have their cases removed
from State court TO the U. $. District
Court. they determined never tosupport
Mr.. Smith for a seat on the Supreme Court
Bench or submit TO having him forced
upon the Democratic party NJ its nominee;
and they felt con nfdie,lt that he could not be
nominated ifhc entertained such views.
Therefore il was that Judge Schenck per-
n,itied his name to be used, by some of
his friends, in connection with the nomi-
nation for Chief Justice. fAni we think
We ought 10 state just here that we were
NOT one OF the number who put his name
forward for that posiiion. or thought ii
prudent to do so, but We do no. hesitate io
say that we would lave supported him
heartily for that position IL Judge Smith
had entertained the anti-Statrs. Rights
views that he was accused Of entertaining
and which we with many others SUP
posed he entertained.l But. Us soon as II
was made kuown. by good authority, that
Judge Smith did not entertain the objee-
tionable views attributed to him, but, on
the contrary, agreed with the position
taken by Judge Sclenck against Federal
Jurisdiction over estate cases. Judge
schenck and his Western friends did not
then have iiie same goo,l and sufficient
cause for running in opposition to Judge
Smiths nomination for Chief Justice; sill,
Judge Schenckis friends. knowing his
good qualifications for Chief Justice. did
not think il necessary 10 speedily with
draw him frnn the race. % ss @.#+-t
We know Ihat when the positive infor.
nation was communicated to Judge
Schenck that Judge Smiths views about
Fe,leral jurisdiction weie the same US his
fSchenck's), lie was surprised, aid de
ciared that he had been iaboring under a
different impression So b..
Judge schsnck Is not at home, aud Is
ton far Off (holding Court IA the extreme
Western part ofille State) for his friends
To communicate with him and act with
his erpiica authority At Nh early day, but
under the circumstances, aud considering
the erroneous impressions heretofore eil-
iertainei By him aud many Of his friends
III regard to Judge Snith's views, we feel
Justified in saying that his friends will no
longer press. his name for the Office of
Chief Justice, but will support him for
Associate Justice Of the Supreme Court.
We know he Is sthankful Tor aud warmly
appreciates tie support and nominations
rendered him by several couiIiies aud
newspapers for Chief Justice, but we are
authorized, after consulting several Of
Judge scLsnck's intst intimate friends,
to say that his name will be used hereafter
only for Associate Justice. S.. E..y<
Wehave written the above at the request
and advice % soine % Judge schenck's
niost Intimate friends, aud We believe IL
has been In contemplation for the past
three weeks TO have such an announce>
made; at least that was the intention
when Judge smiths views an the Federal
Jurisdiction question was firus ccrrectiy
understood; aud we fully concur in the
III Tie action ofthe.-judge's friends In
Withdrawing him from the contest
for Chief Justice.
We respectfully request our Democra-
tic contemporaries, whether they prefer
Smith or schenck, tn copy the above ar
liclv 30 that their readers .may see oR we
have saldo the subject. Charlotte DsHo-
cftit.
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