The Caucasian. (Clinton, N.C.) 188?-1913, 1895-07-18

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CONTEMPT OF COURT FROMTHE NEWS
AND OBSERVER.
The News and Observer, about
six weeks ago, made a continuous
attack on the Supreme Court, i'm
putting to that body corrupt and
vicious motives in arriving at and
rendering its opinion in the case of
Carr vs. Coke. The attack brought
down upon the head of its promoters
the contempt of fair-minded men
who were acquainted with the nature
of the case, and the outspoken con-
demnation of great numbers of citi-
zens, including lawyers of reputa-
ton and character, regardless of
party. 1t is safe to say that an
overwhelming majority of the law
yers in the State have formed and
expressed the opinion that the Court
properly decided the point at issue
in that case.
IL the Democratic country news
papers, for which the News and OBJ
server arrogates to make itself a
model and guide, agreed with that
paper in its attack upon the Court,
they did not publish such matter;
some of them disagreed openly. The
same paper, in It's issue of Friday
last, under the pretence of an edito-
rial on the present status of the
Revenue Act of 1895, and another
editorial headed "Browh and Satter-
field Indicted" renews it's foul
mouthed attack upon the Court.
The conclusion of the last-named
editorial is this: "Men must be
taught that they cannot be guilty
of fraud without being punished,
even if the partisan majority of the
Supreme Court did seek to shield
them"
This attack is malicious and
scurrilous. The Chief Justice, who
fled the opinion of the court, and
just o. Montgomery a concurring
opinion, both, rested the decision on
the question of Jurisdiction-of
Power. The Chief Justice, in the
opinion of the Court, said:
"Let il now be understood that it is
not question of fraud or of wrong
doing in the Legislative Halls, as al
legged in the complaint with which we
are confronted, but simply a question
of power. 1t cannot be said that this
court from its origin until now, has
ever failed To lay its hands upon fraud
or any wrong-doing whenever autho-
rized by law, and requested to do So,
IL crimes are perpetrated in Legisla-
ton, 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.' "
Justice Montgomery, in his con-
curing opinion, says:
ain the conclusions to which have
arrived, have tried to keep before
me the great Importance of the legal
question involved, and to keep out of
mind, as an utterly insignificant fea-
ture of the base, the wretched crea
lures who would commit such detest-
able piece of meanness as the com
plant charges. l desire to
emphasize that the court has not made
a decision upon mere matter of fraud.
1t is . question of Jurisdiction-of
Power;-whether one cOequal DEPART
ment of the Government can invade
the province of another, and question
or dispute the solemn act of the latter.
attested by the genuine signatures of
those officers who are empowered and
required to attest and certify those
acts.
And yet, in the face of these
solemn statements of the Judges as
to the point at issue in the case, and
in the face of the fact that a vast
majority of the legal profession are
of the opinion that the decision of
the Court properly declared the law,
the directors of the News and OBJ
server deliberately publish that "the
partisan majority of the Supreme
Court did seek to shield them"
Brown and Satterfield) whom that
paper charged with having fraudu-
lently and by forgery procured the
passage of the act known as the
assignment Act"
The course of the News and OBJ
server in this matter is a piece of |
madness. 1t is not sustained by the
people of the State, of any party,
md is almost unanimously con-
lemned by the legal profession, al
Ways conservative, and most gener-
lily, fair and just. 1t would as
onish that profession in North