The Republican. [volume] (Oakland, Md.) 1877-current, 1880-02-28

the case Until Judge Alvey SnOulQ
be able to take part in it.
These appear to have been all the
facts upon which the public proceed
ing to which we have referred was
founded. And if it be added that
the only judgment of Judge Pearre
upon the matter in controversy, in
any case in which the Baltimore and
Ohio Railroad was party, was one
in which he concurred with the other
two judges, and that VIGOROUSLY in a
number of other cases in his court,
in which that company was party,
his rulings have been adverse instead
of favorable to it, we have all the
materials for forming judgment as
to the truthfnlness and justice of the
charges preferred against Judge
Pearre, and of the motives and prop
riety of the disgraceful public attack
which has been made upon him. The
matter has nothing to do with the
merits of the controversy between
the two roads. The subject it presents
for consideration is the efforts made
and the methods attempted for men
acing and coercing court to subor-
dinate its judgment to popular sym
pathies and prejudices. No fair and
,honest-minded man in the state sup
poses for moment that Judge Pearre
knowingly stated what was untrue
when he said that he was not stock
holder in the Baltimore and Ohio
Railroad.
1t is quite we'll understood that the
holders of the first preferred stock of
that road claim to be creditors of the
road to the extent of their right to
receive 6 per cent. per annum upon
their investments in preference to the
claims of the bondholders. 1t is
quite natural, therefore, that without
reflection and special examination
of the nature of his securities, Judge
Pearre should have considered him
self to be creditor, not stockhol-
der, of the company. That his in-
terest in the road, whatever it may
be, has not been allowed to warp his
opinions as a Judge, is manifest from
the fact that his pronounced judg-
ments have been almost uniformly
against and not in favor of the COM
pany. And in the only case, so far
as the present controversy is concern
ed, in which the Baltimore & Ohio
railroad was party, Chief Judge
Alvey delivered the opinion in favor
of that company, and Judge Pearre
and Judge Motter both concurred.
There is no associate judge in the
state of more distinguished reputa-
ton for sound learning and judy
'ment, and for clearness and force in
the expression of his judicial opin-
ions, than Judge Pearre; and Ger
tainly no important judgment has
ever been pronounced by him, wheth.
er rev ersed or otherwise, which has
failed to be supported by learned and
cogent reasoning. The people of this
state will, therefore, not be willing to
believe that he has prosttuted these
high qualities and attainments in
any effort to make the worse appear
the better reason, under the influence
of such mean and ignoble motives as
are attributable to him in the reso-
lutionS of this Cumberland meeting.
The proceedings can produce only
one impression upon public opinion !;
aud that is, that they were intended
to menace and intimidate the whole
court in the exercise of its future ia.
diciai functions in the matter of that
controversy. If they could have that
result they would corrupt the integ-
rity and purity which they assume
to guard. They would degrade-not
elevate-the tribunal they seek to in.
fuence. Whenever the voice of
public clamor, land the loud and
threatening demands of alleged pub
lie interests, shall reach the Judges of
our courts, and swerve them from the
line of duty in passing Judgment ac-
cordlng to the law and ri%nt of ev-
cry case, we shall have lost the only
safeguard which our institutions have
provided for the protection of the
rights of the citizen. Any attempt
in this direction, no matter how
strong may be the public feeling or
interest which stimulates it, should
meet with prompt and decided rep
rotation. This is not the first time
that an effort mas been made in the
city OF Cumberland to influence and
control the action of its court by
violent and indecent appeals to con-
slider, in determining upon merely
private rights, what alleged public
interests demand. In the first case
against the Baltimore & Ohio rail.
referred to-when the
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