The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1895-04-25
THE JUDGESHIP CONTEST.
Decided in Favor of J ones and Meare.

Decided in Favor of J ones and Meares.
From. the Asheville Citizen we take
the following:
In The Circuit Criminal Court at
Waynesvilie last week the judgeship
contest between Thomas A. Jones,
who holds the Governor S commission,
and H. G. Ewart, who was elected by
the Legislature, was argued before
Judge A. w. Graham and decided in
favor of Jones. Judge Graham holds
that the Governor, in appointing Jones,
filled a vacancy, and that the Legis
lature had no right to fill vacancies.
The case was argued by Gen. Theo. F.
Davidson, w. w. Jones and +. H.
Sondly, in behalf of Jones. Briefs
were submitted from f. H. Busbee and
Senator Pri,chard and argument made
by ]. NJ. Moody, in behalf of Ewart.
Moody gave notice of appeal, and the
appeal will probably be heard by the
Supreme Court next week.
The case of Charles A. Cook against
Oliver F. Meares, was heard before
Judge Hoke at Wilmington last Friday.
From the Messenger we make the
following extaCt:
The court house was crowded soon
after the court met, in anticipation Of
the legal battle TO wage over the writ
Of quo waIranto in the case of the
estate of North Carolina as upon the
relation of Charles A. Cook against O.
p. Meares."
Judge Meares was in court sitting
by his counsel, George Rountree, Esq,
who had to fight the battle on his side
single handed and alone, ex-Judge
Shepherd having been prevented from
coming by reason Of an attack Of
rheumatism.
Mr.. Cook was also in court, and
sat with his counsel, ex-Judge d. l..
Russell, Of the Wilmington bar, and
Col. l.. &. Edwards, of Oxford. Col
Edwards opened the argument for Mr..
Cook and spoke for an hour and fifteen
minutes. He made strong case for
his client, and when he concluded Mr.
Rountree addressed the court in behalf
of Judge Meares.
MIR. Rountree spoke for an hour and
twenty minutes, and made one of the
most able legal arguments ever heard
In court house in North Carolina.
He was clear cut, logical and powerful
IN the consecutiveness of his reasoning,
and able lawyers agree that his array
OF authorities and his forcible exposi-
ton of the law made his argument
unanswerable. 1t was searching, COM
prehenslve and convincing, and the
general verdict about it was that it
was superb.
MIR. Rountree quoted from forty
three or more authorities and necessa-
rlly had to abridge his speech, as it
would have required three hours to
have followed up all the lines Of his
argument. Judge Russell made his
argument for Mr.. Cook, and was
followed briefly by Mr.. Rountree.
Both sides agreed on facts in the
case, which were that the House of
Representatives passed the bill on the
4th of March establishing the Eastern
Criminal Circuit; that the Senate
passed it March Sth that both Houses
elected Mr.. Cook to be Judge on the
9th OF March and that the act was
ratified March 18th. Mr.. Cooks
counsel argued that the act was rcgu-
lar in its passage and became a law in
due form upon its ratification. Judge
Meares' counsel conceded that point
but argued mainly that Mr.. Cook was
elected Judge before the act was
ratified and hence his election was
void, the office not existing at the time
he was elected. Mr.. Cooks counsel
commended to the contrary. This in
brief was the main point in the case,
although it was argued from other
standpolnts and in all phases. Judge
Russell spoke nearly an hour, and
when he concluded Judge Hoke gave
judgment for the defendant Judge
Meares) holding that the act was
properly passed and ratified but that
the election Of Mr.. Cook before the
act was ratified made his election null
and void. The case will 60 to the
Supreme Court.