The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-08-22
Judge Whitaker Crittc1ses JUS
tice Walter Clark.
THE RAILROAD QUESTION
Thinks He Should First Hear
Facts in the Case.
THE NJ. c. RAILROAD LEASE
Judge Whitaker Says 1t Viii Come Be-
fore the Supreme Court and Now
Clark is Not a Proper Per-
son to Pass Upon IT
son to Pass Upon It

10 bIlC ASAA S@A~
formation of this government
up to the year 1868 it was the
universal opinion and sentiment of the
people of our State that Judges should
stand aloof from active participation
ia party contests, that while they coald
think and vote with the same indepen-
dence which others use the press ana
rostrum should not be common to
them.
In 1868, however, under the new OPP
der of things. which had been intro
duced by carpet baggers from the
North and the camp followers
of eonquering army,
nudge of the Superior court
was known to adjourn his court for
an hour or so, walk out upon the hust-
ings, make political speech and then
return to his bench; and certain Judges
of our Supreme court permitted their
names to be used in connection with
some political demonstration. ms
conduct of the judges was an unneard
of thing in North Carolina, was so con-
trary to the notions of our people who
had been accustomed to look upon
Judges as beyond and above the level
of PARTISAN politics and SO well calcu-
lated o pull them down from the high
and honorable pedestal which for
century they had adorned to the need
and level of a ward politician that our
hos Hl1EnRd.
and Messrs. d. i. Moore, A. 5. Mefrl-
mon, John Kerr, Joseph B. Bachelor,
Thomas Bragg Oct. Coke, Thos. j. Jar
Wis, Mills T.. Eure, Henry r. Bryan,
James S. Woodland, j. T.. Shepperd,
Sion II. Rogers, VIM. Eaton, Jr., Ed
ward Hall. z. b. Vance, VIM. /. Dertch,
Joseph ]. Davis, G. NJ. Cooke, Asa
Biggs. M. V. Lanier, w. A. Montgom-
cry. John H. Dillard T. Rufin, Jr., A.
M. Scales and many others signed and
caused to be published "a solemn pro-
test of the bar of North Carolina a
gainst judicial interference in polits-
cal affairs" in which they say amongst
other things that they have witnessed
the late public demonstrations of poll
teal partisanship by the judges of the
Supreme court of the State with pro-
IOuIu T6gTtb dlld ehioA Al
for the purity of the future admins
tration of the laws of the land and
that from the unerSing lessons of the
past they are assured that judge,
who openly and publicly displays his
political party zeal renders himself
unfit to hold the ssbalance of justice
and that whenever an occasion may
offer to serve his fellow partisans he
will yield to the temptation and the
"wavering balance shake"
And now with profound regret and
unsigned alarm for the purity of the
future administration of the laws of
the land,'' / do most solemnly offer
this my earnest protest against the
conduct of Justice Clark in his persist
ent interference in POLITICAL affairs.
1t seems impossible for him to keep
out of the political arena, instead of
devoting his studies and his time 10
the high and important duties of his
great office.
The questions of the government
ownership of telegraph and telephone
lines, the free and unlimited coinage
OF silver and gold at 10 to i, and the
regulation of railroad corporations are
all living political questions of the
day upon which the parties of the coun-
try have taken issue, and are now hot
" discussing upon every stump; and
yet this Supreme court justice contin-
sally fills the magazines and the news
papers with long articles on these sub
iects, instead of devotng his time and
talents TO the questions which proper
ly come before him for decision, invoIy-
ing the rights, liberty, life and pro-
perty of our people.
His letters and magazine articles on
the great benefits of free silver, the
government ownership of the tele-
phone and telegraph lines, a more
strict control of railroad corporations.
&c, are in bad taste, very but when
he goes SO far as he has done in his
recent letter, published in the News
and Observer, to denounce railroad
commissions for non-performanee OF
duty and suggests the enactment of
laws against railroad corporations,
the time has come for some man to
publicly protest against this highly
improper and dangerous conduct. In
this recent letter in the News AMI OBJ
server, after suggesting and urging
that our legislature should pass an
act regulating the passenger and
freight charges, he declares without
having heard any evidence or argu-
ment that two cents per mile for pas
senger rates is sufficient, and perhaps
one cent would do that it is for the
courts to say what is a reasonable
charge for transportation and that in
estimating the operating expenses of
a railroad the high salaries of presi-
dents, &c, should not be taken into
the account; and that whepe a railroad
had been leased to another railroad at
six per sent on its value the lessee
should not be permitted to charge this
rent in its expense account and add
other sums to cover it's, the lessee's,
operating expenses, &c. When it is
borne in mind that all these questions