The state chronicle. [volume] (Raleigh, N.C.) 1883-1893, 1886-08-19
THE SUPREME COT RI.
SHALL THE TWO OLDER JUDGES
BE RENOMINATED.
4 respondent Presents Some Facts
for RchectiOn---He FayoTs Younger

Especial Cor. STATE CHEoNICLE.I
our present Supreme Court is composed
Of Chief Justice Smith, Justices Ashe and
Merrimon. The two first named gentle
men are each a years of age; Judge Mer
rlmon Is 81 years old
The constitution provides that Judges
shall serve for eight years; consequently
Judges Smith and Ashe Will be each ~
years old when they finish the next term,
if they be nominated and elected, and
Judge Merrimon will be 65.
During the term for which our Judges
will be elected, we shall have three Cover
nors, Gov. Scales, whose term expires In
two years from January 1st his successor,
who serves for four years, and his success
sor's successor, who will have completed
two years of his term, when the Judges
terms expires.
Holy Writ has told that the age of man
is three score years and ten.
Judges of the Supreme Court of the
United States, of the Empire State of New
York, are forbidden by law to serve after
they have reached the age of seventy.
Ii the whole Judicial history of North
Carolina, we have not ONE instance of an
appointment or election to Judgeshlp OF
any man after the age of seventy.
Insurance Companies refuse to insure
the lives Of all persons who have attained
the age OF TO years.
The Code of North Carolina declares the
expectancy of life for those who are seven
ty-four years of age to be six years and
seven -tenths of a year. Mark you. that
those who are seventy-four may expect to
live-not to be able to serve as Supreme
Court Judges for 6. ! years.
What shall we do! Elect the two older
members of the Court, and risk the cleo
ton of Democratic Governors, who have the
power to fill their places, or select equally
competent gentlemen who, in the eXpecta
tion of life, WILL live to the end Of an eight
years terml
What shall we do? Elect these two gen
tlemcn, when the statute law of North
Carolina provides that they may live for
a fraction over six years, and the cOnSt1-
tuition provides that they shall serve for
eight years!
What shall we do? Elect them WI hen the
United States Supreme Court Judges, the
Judges Of New York and many other
States prevent judicial service after sew
enty, and every precedent in our State
urges the unwiSdOm of such action. If
there be an unwrltten law in North Caro-
lima, it is that which declares that no man
shall be selected to a Judgeship in the
State who has reached the age of seventy.
Tourgee may have had something to do
with framing the eight years clause of the
Constitution, but Tourgee never made the
United States Judicial Constitution, nor
that of New York, nor did he establish
the precedent which has for so many years
existed in our State, nor did he make the
Insurance, or the Code provision, nor did
he write the Bible.
If Democrats meet in the city OF Raj
eigh on the 25th and nominate the present
Supreme Court-well they have the power
to do it-but what about the wisdom see
ing the difficulties connected with such
action?
The people of North Carolina do heartily
thank the members of our Supreme Court
for the able and most honorable manner
in which they have executed their Judicial
trusts, but they can't afford to run so Sc
rious risks us the re election of the two
older members Of that court would GER
talnly produce.
Sentimentalism is very good in its place,
and frequently its sphere is not contracted,
but Democrats can't trifie with the old
Radical corpse, while its chief mourner
and executor James G.. Blame is yet alive.
Radical corpse, did | say, when we North
Carollnians have to be most careful at
every election with our nominations to
insure success, and Cleveland was elected
President by !, 200 votes!
DEMOCRAT.