The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-08-23
JUDICIAL PROPERTY
Justice Walter Clark Makes Re
ply to Judge Whitaker.
THE RAILROAD QUESTION
Saws That He Took No Side IN
Partisan Politics.
DID NOT EXPRESS AN OPINION
Thinks the Ex-Judge's Solicitude LesF
He Jeopardise the Impartial Exer-
else of His judicial Duties IS
UncaIled For.

else of HIS -
UncaIled For.
To the Editor: / notice in your last
issue that Judge Spier Whitaker ex-
presses profound regret and unfelgned
alarm" lest 1 injure myseH
by going into partisan" politics. HIS
last appearance in your columns was
to complain that | had not done IT. De-
cause. he said, / had been voted Tor by
all three parties circumstance which
he then thought was highly improper
in a Judge / fear can not SUIT hlhi'
His solicitude for me on this occasion
is unnecessary. The following are the
s,,hiac+s ON which he says have ex-
pressed myself:
have written plea for lower ralI-
road rates. This certainly is an I'M
portant question, but as no party Is
advocating the opposite, it is hard TO
see how my position III reference ~ ~
is partisan.
1t is true that it is barely possible
that a case might come TO the court
ipEQl}lGlg l4le IGdSoiASAOANAtN~7~ - -
duction of rates by the State Commits
sion. This is highly improbable, Tor
one great lire has already reduced It's
rates 50 1-13 per cent below those liked
by the Commission as maximum ana
has fled a sworn answer that this
reduction is permanent and not tenn
porary and other railroads have pub
faly announced that they viii meet
the reduction. But if such an unlikely
case should ever come up and upon
such a state Of facts that sense or
propriety would require me not TO SIT,
I can be trusted TO do what is proper,
There is not a term of court that there
is moi, some case in which some Judge
declines to sit. 1t is not unusual. And
there is nothing in Judge Whitaker.s
career or mine which pre1udges that
should not do what it would becane me
to do or which indicates that l should
apply to him for a precedent on judi
cial propriety.
As to the 90 years lease of the North
Carolina railroad, for whose validity
he expresses concern, | have neither
formed nor expressed an opinion" /
made not the slightest reference to 1t
in the article. On the general subject
of railroad consultations by leasing
1ihCIt{IU lOsiAS> 6iS w NllANAA tihSAS Ah@ANa
been for years general discussion
throughout the country, and indeed
as to which some State Constitutions
contain a prohibition, did express
the opinion that any injury to the
public by such leasings could be avoid
ed by holding the rates down to what
the lessor road could charge, in order
to earn a reasonable interest and not
allowing the public to be taxed with
higher rates in addition for the bene-
fit of the lessee that it may declare
dividends on it's paper capital-a
proposition which is sound in law and
economies, for the point has been be-
fore the courts and so held. AS to the
other writings complained of, | have
favored the restoration of the teIe-
graph to the postoffice (Which original
" owned it, and if he had posted him
self he would have known that many
leading men, and State legislatures and
municipal bodies, irrespective Of party,
have favored it and that no political
party has ever, at any time, antago-
nized it. I have also favored the
reconciliation of silver. So have three
Of the great National parties and the
fourth has declared for it, if it can
meet the approval of foreign nations.
In this State the platforms of all par
ties declare for it and | believe all three
candidates for Governor avow them
selves for it. 1t will hardly therefore
ieopardise the impartial exercise of my
judicial duties that | am in sympathy
with the great mass of my fellow
citizens ON this subject. which besides
can in no way come before the court.
The other writings he complains
OF j. e. Colonial Records, TRANSACTIONS
from the French, Life Of Napoleon
(though have not written one), maya
zine articles. etc, Che can not
seriously claim as affecting existing
parties and | am at loss to know
wherein they offend him. / have the
precedent of many eminent judges who
have INDUCED in literary pursuits. He
did not include in his list two or three
law books / have compiled, nor charge
that | had thereby prejudged cases
which might come before me. AS to
the argument be makes that two greas
corporations should not be allowed
to injure one another by reducing their
rates, I express Ro opinion. He is on
titled to his. These corporations are
likely to take care OF themselves and
know where TO employ persons to pre-
sent their side in the courts as well
ma in the press. / join him in his con-
graduating himself that he has made
this CRITICISM" Of me over his own
signature He ought always to have
pursued that course.
L beg pardon for taking so much of
your space but when an ex-judge 10 so
earnest in his solicitude lest one who
has remained upon the bench should
reflect upon the judicial Office, it is
. pleasure To re-assure him by show
ing that have antagoniZed the tencts
of no party and have only presented.
as to matters not partisan or judicial.
nay views for those who will do me the
honor to read them-a privilege which
Belongs to me as to any other citizen,
who can find a printer. 1t is a pity
he suffers from the delusion that he
has been appointed to supervise the
propriety of whaa I shall write or say.
lie his condition is already SO alarm
ing, 1 fear his nervous system will be
hopelessly shattered before he Is
through with his guardianship.
have not lost my interest in every
hA "a nf