The Caucasian. (Clinton, N.C.) 188?-1913, 1895-04-11
heMiI eEGIhs Iolonk.

'-S~~.sap~r Jag neat E.sasEsis liz
tie Fresh -ssss lh~ Mad 81 Jssgn. {
wans~d--anse statement. e, MI ~
art. Attorney.
he Charlotte Observer prints =
letter address. 10 The N"wsaud OBJ
server which has not appe.rei in b.
latter paper. There is reasonahl.
supposition that the New and 90
server declined to publish it. Why
The following Is the IL tier:
H. III Editor II TIL Mrs aud Olsyrc.r:
When ease " hich awakerts any =. n
eral In.eIe> j. pending. seems i'll. po =
,ibIe 10 prevent a preliminary "tri-
al by newspaper" Assertions, partially
& iar.ied by qualifying phr"~es. such
As lit i reported" etc, ar. made wit H.
out substantial bases OF fact. and ar
gumeu.s are based upon these shadowy
allegations. When Iitigart, stung
by repeated misrc representations, finally
PUSHES into print, possibly indi>creetly =.
he makes him elf the target for new
attacks.
In the issue Of this morning the
News and Observer speaks Of Mr.. Ew-
art securing the mountains trying
10 lind Judge or magistrate who will
swear him IN without a commissions"
The facts are hat Mr.. Ewart, after
careful examination of the statute by
his counsel. was ad ised not IL take
the oath OF Office before any Justice of
The peace, bu. To apply to Judge era
ham, before whotn Judge Jones bad
already taken the oath. At the time
the application was made il was I'M
derstood that Judge Graham would re-
fuse 1t, because Of his prior action
and the application, therefore, wa:
purely formal, and only for the pur-
pose Of putting Mr.. Ewart in the
proper position in his contest
The writer will not discuss the mer-
its Of the controversy further than to
say that the election of Mr. Ewart was
not tas has been sometimes stated
prior TO the ratification of the act es-
tablishlng the court, but four days al
forwards; that he was elected on Feb
9th, in ii method and by vote which
his counsel believe 20 be constitutions
al, legal and regular.
The Supreme Court, in constituting IA
section of the constitution suhstan-
TALLY similar to this section under
which he was elected, long ago affirm
ed the right of the General Assembly
to elect trustees of the University:
and i'm 1917 Hon. Geo. V. Strong was
elected judge of the Criminal Court of
Wake by the General Assembly under
the provisions of the very section re-
lied upon by Mr.. Ewart
The only question involved seems to
be whether the language of article "
section 30 of the constitution, which
provides: I'm case of the General
Assembly shall establish other courts
inferior to the Supreme Court, the pre-
siding officers and clerks thereof shall
be elected in such manner as the Gen
eral Assembly may from time to time
prescribe,' when taken in connection
with section % of the same article ::
"All vacancies occurring in the offices
provided by this article of the consti-
tuition shall be filled by appointments
Of the Governor, uniesS OfherTjSe pro-
rtded for, etc." confers upon the Cen
eral Assembly the power to enact-a
law that the office of judge of a Crim
nal court created by the act, shall be
filled by an election by the General
Assembly until an election shall be
held by the people in November, 1896,
under the terms of the act. | think it
does.
do not care to speak of Mr.. Ewart
personally further than to say that his
action during the recent session
of the General Assembly as
chairman of the committee on
elections of the House of Representa-
tives, was calculated TO create the i'm
preston that he is a man of judicial
temperament and great fairness.
While did not coincide with his con-
illusions in all of the cases Gas is per-
haps natural upon the part of counsel
for the losing side) yet every one must
admit that in the contests from North
ampton, Edgecombe, Halifax, Wayne
Wilson, Gates, Hartford. Arson, Nc
DOWell and perhaps others, is impair,
tial and nOn-partisan course reflect.
ed credit upon him.
| ask the press to let the case be tried
upon its merits as question of law be
fore the courts. 1t is not politica
question.
am not counsel for Mr.. Cook MOI
am | the champion of Justice Mont
gOmery, but in the name Of that re.
spect witch is due to a judicial officer
while acting in the line of his duty,
do protest against the unreasonins
censure which follows every decision
or action of a Judge, which does no
happen to meet with the approval o
his newspaper critic, one perhaps VIII,
does not even profess to be verSed il
the law. +. II. BUsBEE
OF Counsel for H. G. EWart
Raleigh, April ,, 1898.