The Caucasian., 1895-05-09
II lucst fsAkT.H


The sapssns~ Court Nai.fhss the Ps>ttszn
Practice .f q ,,srasr Carr.
The Legislature seems To te s.ssue-
what legal" after all. II wilt te
remembered that the last Geaersi
Assembly created Two ae~ criminal
courts and .lect-d Nessrs II e..
Ewart aud &. 4. Ta X as jud ges FER
ia same. But the action OF the
legi isla,ar.-'he lasmaking ppsrr
OF the S'ite-did not suit 1, werner
Carr. IL, Therefore, tnok it upon
himself to declare the Legislature.
had no constitutional right To eject
judges for the courts, but forbore 10
declare the creation Of the courts
"unconsti.oo ional." This ,as prob
ably because he wanted to give some
Of his friends an Office. for he pro-
ceeded to annul the elections made
by the legislature by appointing |
M"ssrs. Tnos. A. Jones and q. t.
Mares as judges, and issued com
missions To th-m. This made It
necessary for Messrs. Ewart aud |
Cook to have the matter brought be-
fore the Sapreme court for ad JUS |
m,n'. The cas-" of Mr.. Ewart Was
decided Tuesday of this week, and
was to the effect that his election b,
the legislature was legal and constl
'utional and he will therefore get
the position to which the represent
atlves of the people elected him TIE
case Of Mr.. Cook is yet b. fore th,
court.
/ The proceedings of Governor Cam
least, and are we'll presented in the
following letter written to him by
Mr.. Ewart:
UENDERSONVILLE, \, c.,
March, 20, 1895.
| Hon. ELIAS CARR. Governor,
DEAR SIR ON the 21th OF February
| was elected by the General Assembly
of North Carolina, Judge of the Crimi
nal Circuit Court, composed of the
counties of Buncombe. Madison, Hay
| wood and Henderson. on the Sth inst.
| called at the executive office, and was
Informed by your private secretary,
Mr.. Telfair, that my commission would
at once be made out, and that | could
call at my convenience. On the 18th
inst, at / p. m, a few hours before the
| final ad Ournment of the General As
; sembly,and after you had been notified
that there was no quorum, and with
: full know ledge of the fact that your
nomination could not be acted upon,
, you sent to the Senate, the following
communication. Viz:
, / STATE OF y. t.
: ! Executive Dept.
RALEIGH, \. c., March 18th, 1895.
To THE SENATE:
| have the honor to transmit for your
1 approval and consideration, the ap-
pOintment of Hon. Thomas y. Jones, OF
: Hnncombe county, as Judge OF the
B., Criminal Circuit court, composed OF
Buncombe, Madison, Haywood an.
Henderson, created 10y act of the Gen
. eral Assembly of North Carolina, rati-
i fled OH March 18th 1895.
Il ELIAS CARR.
Cove nor of y. G..
In your haste to get this commune
), cation to the Senate within an hour Ol
: two of adjournment, and as | hav,
was no quorum, you bunglingly stat,
q the date of the ratification of the ac
creating the Circuit court, as Marcl
18th, instead of February 23rd, the rea
date of ratification as shown by the
original act now in possession of Sec
retary of State.
l. This blunder, however is really no
chargeable to you, but to your privat
n secretary, who was very busy in statin
to divers parties that had been elect
ed Judge before the act was ratified
Indeed he made the same. statement t
me on the morning of 18th, and SCENE
surprised when | gave him the prope
." date of ratification.
The next time you make nomina
lie tons under an act of General Assem6l
re- if any ether State than North CaroliI
" should be so unfortunate as to ele'
-, you as Governor, let me respectful
% suggest that YOU be careful enough I
n0 at least cite the proper date OF II
" ratification of the act under which yC
al assume to make nominations. IC
decline to issue a commission to me.
mt Judge of the Criminal Circuit Cou
nd and have assumed t } commission Tho
|a- A. Jones, of BuncOmbe county, a vel
worthy gentleman, but represents r
Of a party which was overwhelming
~ defeated and repudlated at the polls
the counties composing the district
en- which he has been appointed Juds
Wn The only reason assigned for this e
are traOrdinary action on your part, is tn
'ch the General Assembly i'll electing t
Judge of this district encroached u
Iv on your prerOgative as eXecutlN
y Conceding this to have been your re:
l. on, may | ask why you deliberate
IFS with-h held action in the premises un
fourteen days after my election, a
at why you delayed sending in your non
oc- nation for this office, till the eve
Or adjournment, and after you were fu
wi advised that there was no quorum
+y- act upon your nomination?
~ The honest, the decent, the mar
40 course for you to have taken, did J
-or really believe that the General ASSe
)ul- bly of North Carolina, cO-Ordin
Ody branch of our state government,
encroached upon your prerogative
YER chief mag istrate of the state, WO
son have b en-, to have Immediately af
bo the ratification of the act creating t
III office, sent in your nomination.
oi with reckless disregard of your {
los' cial obligations, and with the petty
ere stincts of partisan, actuated by II
for ice and spleen, you have placed yo
self in position which M r is the C
tempt of all brave and true North {
Olinians who love their state and
spse trickery and cunning. 1t is
for that your opinion underwent Y
+ no sudden change in this matter, and
~ w public will be curious to know ,
your private secretary was advised
q, inform me tn It my commission W.
D. be ready for me on Monday, and
own Wednesday, that you should refus'
ears, Parhans the visit of Waddell. r,
.able tree and other Wilmington ward
flu ticians, who were closeted with yo
obli- saturday, haa so,ne.n,ms "nfn. 10 u? ;,
matter. 1t matters not how the G
rug of last resort may decide this ques
your status is fixed you VIII 20 d
!: l.; - + L.a N y ~