The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-03-06
THE BENCH INSULTS THE PRESS

A%&@
During the argument in the case oil
Cowan VS.. Fairbrother, before the
supreme court yesterday, Maj. Guthrie,
addressing the court in behalf OF the
defendant, said that with million
dollars one could buy four-ffths OF the
editors in the State" (meaning their
newspaper property,) But Justice
Montgomery, who, it is well known
has no love for the fourth estate, saw
here an opportunity to oifef y
ora4nitous insult by constituting Maj.
Guthrie's remark to apply TO the
editors themselves, and so chirped UP
fron, tbe bench, And where, pray,
would YOU find the other ftth. |
! ould not know where TO go to look
for them
IT is q dangerous thing for a man OF
a Judge to rise up in the morning ana
cow 81 thank God / am not as other
nen-even these partisans." lie Will
not only put himself upon pedestal
biober above his fellows or his deserts,
hut will come either to believe, or
affect to believe. that all other men
can be bought and that wisdom will
die with him.
Justice Montgomery's variegated
notifies obtained for him, in am hour
of passion and prejudice, seat upon
the Supreme court bench. 1t was
hoped that the sudden elevation on
rnore-holy -than-thon profession would
not turn his head, and that the respon-
make him grow into d just judge; and
the papers Of the State had no criticism
as long as his decisions we're not so
partisan as TO call for stirring rehuke
in dissenting opinions filed by Justices
Avery and Clark. The decision i'll the
Assignment eases was so manifestly
partisan that the editors felt called up
ON to show that, under the guise and
pretense of n-partisanship decis-
ion had been rendered that denied to
the people protection from the acts
of dishonest clerks. Since that time
Justice Montgomery has been harbor-
ing resentment toward the press of
the State. This was heightened when
the Albany Law journal, commenting
on Justice Montgomery's decision in
the Assignment case, said that the posi-
tion taken is utterly fallacious," and
that the opinion of Judge Montgomery
contains ''dogmatic inanities."
Yesterday was the first time that
Justice Montgomery had an opportu-
nifty to give expression to the rancor
he has been harboring, and when Maj.
Guthrie, in an argument, stated that
million dollars would purchase four
fifths of the papers of the State,
doubtless intending no reflection upon
the editors or their honesty, but nav
ing reference to the cash value of their
plants, Justice Montgomery profaned
the sanctuary of justice by crying out:
And where, pray. would you find the
other fifth? % and without waiting for
an answer added this Islander OF men
better than himself: II would not
know where to go to look for Them
We can tell him where to 90 to find
them-to the humble sanctums of
nearly two hundred men, who in power
III and in toll are giving their lives to
a profession, than which none is more
useful or honorable There he will
find men who would not flatter Joye
for his trident or surrender their con-
victions for the highest office in the
gift of the people. These editors are
rot always learned. they are not free
from error. but they are the States
best bulwark against wrong in high
places, and all the millions In the State
could not buy them.
The worst evil that Populism has
wrought in the State is destruction
Of faith by men in their fellowmen. 1t
is bad enough when this canker eats
cut the heart Of the illiterate. 1t is
ten-fold worse when it is the master of
men in high position. Nothing is a
surer sign Of the decadence Of public
morals, and the degradation Of a
people.