The Caucasian. (Clinton, N.C.) 188?-1913, 1895-08-08

Oe IeaO Dy al means, Out Iet Tue
wide circulation of reform papers
show the diabolical hypocrisy and
che knavish designs of this shylock
literature.
THE MATTER OF CONTEMPT OF
COURT.
The News and Observer has made
one or two very warm references to
the possibility of the editor Of the
CAUCASIAN being sent to Jail for con-
tempt Of the Supreme court of the
United States, whenever the News
and Observer should be hauled up
for contempt by the State Supreme
court. These references were made
in consequence Of the CAUCAsIAN's
criticisms of the New and Observers
reckless and senseless comments on
the decision Of the State Supreme
court in the case of Carr vs.. Coke,
touching the fraudulent mortgage
law.
1t will be remembered that q
mighty stir was created by the News
and Observer and Co. when that
law was discovered, and that investi-
CATION showed it had been Struggled
into batch of enrolled bills. It is
we'll known that those who presented
this bill and who "lobbied" for it
we're lawyers who affiliated with the
Democratic party; that it failed to
pass either branch of the legislature,
but was found to be regularly en-
rolled among the laws. There is a
strong suspicion that a big fee was
to accompany the successful enroll
ment of that bill, and when it ap-
peared that the bill could not become
law by regular methods, irregular
and fraudulent tactics were resorted
to with the result above mentioned.
Then Governor Carr brought suit
against the Secretary of State to
prevent the publication of that law.
The case was before the Supreme
court and the court decided that it
bad no power to annul the law. The
opinions of the justices made the
matter very PLAIN to any one who
wanted to see it clearly, but the
blind, partisan spite of tho News and
Observer caused that paper to over
look the point involved, and it madly
charged the court with attempting
to shield fraud. For this. we thought
the News and Observer had laid
itself liable to charge of contempt
of court and we unhesitatingly said
so. We think so now.
The opinions of the majority of
the Court in deciding the case have
been given; but it may be proper to
reproduce some extracts so that its
action may be fully understood
again. The chief justice, in the opin-
ion of the Court, said:
"Let it now be understood that it is not q
| n Op IF 10,
legislative halls, as alleged in the complaint
with which we are confronted, but simply
| A QUESTION OF POWER. It cannot be said
that this Court from its origin until now,
has ever failed to lay hands upon fraud OF
any wrong-doing whenever authorized by
law, and requested to do so. If crimes are
perpetrated in legislation, the authors are
liable and can be punished as other violators
Of the law; and possibly a reasonable and
honest effort by the proper authorities would
bring to light the authors of the wrong il
any has been DONE"
| Comment cannot add clearness ia
this utterance Of the Chief Justice.
He plainly says that question Of
fraud was not before the court. Had
there been the court would have laid
hands on it. He suggests furthe,
that if the proper authorities would
take up the matter the fraud could
be unearthed. This power now lies
with a Democratic administrations
and it is not being exercised.
| .e
Another important question en-
tered into the case, viz: Whethe,
one coequal department of the gov
eminent can invade the province o.
another-that is whether the judicia
branch can nullify what appeared t.
be the act of the legislative branch
The province of the court is to inter
pref the law-not to nullify it. Thi.
is clearly expressed in the concurrins
opinion of Judge Montgomery, VIII,
said:
'In the conclusions to which I have ar
rived, have tried to keep before me th,
great importance Of the legal question in
utterly Insignificant feature. of the base. th,
wretched creatures who would commit such
detestable piece of meanness es the com
plant charges. / desire to em
phasize that the court has not made decis
ion upon mere matter of fraud. It is .
question of Jurisdiction-of Power
whether one coequal department of the gov