The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1895-04-16
AnEFENsR OF Mr.. EwART.
His Counsel, Mi. F. H. Bpsbee, Com
nIaius That Injustice Has Been Done
His Client, and Protests Against
TTniust Newspaper Criticism.
Charlotte Observer

HlS Nl4CuL SAN
Unjust Newspaper Criticism.
Charlotte ObServer.)
The Observer has been asked to pub
lish the following communication, as
the article of which complaint is made
was re published in this paper:
To the E1itor of the Ne1Us and Observer:
When a case which awakens any
general interest is pending it seems i'm
possible to prevent a preliminary trial
by newspaper" Assertions, partially
guarded by qualifying phrases, such
as ''it is reported" ETC., r made
without substantial basis of fact, and
arguments are based upon these shad-
owy allegations. When a litigant,
stung by repeated misrepresentation,
finally rushes into print, possibly in
discreetly, he makes himself the target
for new attacks.
In the issue of this morning the
NeUs and Observer speaks of Mr.. Ewart
securing the mountains trying to find
a judge or magistrate who will swear
him in without a commission" The
facts are that Mr.. Ewart, after a care
full examination of the statute by his
counsel. was advised not to take the
oath of office before any justice of the
peace, but to apply to Judge Graham,
before whom Judge Jones had already
taken the oath. At the time the appli-
cation was made it misunderstood that
Judge Graham would refuseit I, because
of his prior action, and the application,
therefore, was purely formal, and only
for the purpose of putting Mr.. Ewart
in the proper position in his contest.
The writer will not discuss the merits
of the controversy further than to say
that the election of Mr.. EWart was not
las has been sometimes stated prior to
the ratification of the act establishing
the court, but four days afterwards;
that he was elected on February 9th
in a method and by a vote which his
counsel believe to be constitutional,
legal and regular.
The Supreme Court, in constituting a
section of the constitution substantially
similar to the section under which he
was elected, long ago affirmed the right
of the General Assembly to elect trus-
tees of the University and in 1877
Hon. Geo. v. Strong was elected judge
of the Criminal Court of Wake by the
General Assembly under provisions Of
the very section relied upon by Mr..
Ewart.
The only question involved seems to
be whether the language of article "
section 80 of the constitution, which
provides: In case the General As
sembly shall establish other courts in-
ferior to the Supreme Court, the pre-
siding officers and clerks thereof shall
Se elected in such manner as the
General Assembly may from time to
time prescribe" when taken in o
nection with section % of the same
article: 'AlI vacancies occurring in
the offices provided by this article of
the constitution shall be filled by ap-
pointments of the Governor, unless
OtherUise provided for, etc +" confeIs
upon the General Assembly the power
to enact q law that the office of judge
Of a Criminal 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 Novem-
Der, 1896, under the terms of the act.
l think it does.
I do not care to speak of Mr. Ewart
personally further than to say that
his action during the recent sc ssion of
the General Assembly as chairman of
the committee on elections of the
House of Representatives, waSHGafcn.
lated to create the impress6n tbot bo
is a man of judicial temperament and
great fairness. While did not coin
eide with his conclusions in all of The
cases is perhaps natural upon the
part of c~o122ssea4It6r the losing side yet
every one must admit that in the con
tests from Northampton, E~dgecombe,
Halifax, Wayne, Wilson, Gates, Hert-
ford, Arson, Mcdowell and perhaps
others, his impartial and non-partisan
course reflected credit upon him.
ask the press to let the case be
tried upon it's merits as a question of
law before the courts. It is now q
political question.
am not counsel for Mr.. Cook nor
am I the champion of Justice Mont
gomery, but in the name of that re.
spect which is due to a judicial officer
while acting in the line of his duty,
do protest against the unreasonine