The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-01-13

There is a retribution in history. The
restoration of the people OF North Caro-
lima to their constitutional rights Of
free and honest ballot and Of popular
government should give courage aud hope
TO the disfranchised men Of non-sufrage
States. So long as civilization and chris
tianity endure there is always reasonable
hone for the ultimate subjugation Of or
ror enthroned; for the redemption Of the
weak and the oppressed, for the over
throw OF apparently inyincible wrong.
IL they but wait an hour, there IL no
human power which can evaCe the pa
tient watch, the vigil long OF the brave
who seek to assaa the entrcnched bat
Elements OF prevailing privilege and law
les power Through long and weary
years free born Americans have suhered
and endured for the sake of their con-
yictions civil and political disabilities
that were none the less remorseless and
cruel hecause they were not expressed
in written law. Men whose careers and
characters should elevate their comlnunl-
ties have heen under the ban Of political
persecution aud denied their constitution
nj rights while dwelling by The tiire~sides
asaa the graves Of their fathers. To
day we give thanks &c the God Of nature
and Of nations aud to his Providence
which shapes cur ends, for che glorious
fact that North Carolina has declared for
freedom OF thought, of speech and OF
action, Tor liberation and respect for the
opinions OF ali and for liberty. regulated
by Just and equal laws.
INVESTIGATE CONDUCT or
DRUNKEN JUDGES.
There are many matters OF domestic
concern which demand your thoughtful
attention, such Is the Increase OF the
tax rate for the common schools and
improvements in their management: the
establishment Of reformatories for youth
full criminals: the adoption of a system
of yagrant laws which. without cruelty
or injustice, shall authorize the arrest
and commitment of the homeless young
and Of the vagabonds and Migrants of the
of the streets and highways; the adop-
ton of a system of apprenticeship by
which the neglected young may be taken
from degradation and subjected to use
full and eIeyating control, the protection
of lawful public meetings against disturb
ances; the investigation of the conduct
of judges charged with drunkenness on
the bench; the extension OF the criminal
court districts so as to embrace more
counties and the establishment Of an adj
ditional criminal district and the rotation
of these judges; and the adoption OF
measures calculated to attract the imni-
grafton of desirable persons in the State.
ELECTION LAW COMMENDED.
BY the election law OF 1895 we were
rescued from the disgrace, degradation
and shame of debauched ballot and
from the methods that would have re-
suited in the permanent failure of free
government and would have degraded US
to the level of the riot-ridden democracies
of Central and South America but for the
fact that our people rose IN revolt
against them and their authors, drove
the usurpers from power and declared
that knayery should be supplanted by
honesty. Among the best features of
our present election law is that which
gives to judges of our higher courts SUI
pervisory power over election officers
and gives summary remedies to compel
the execution of the law. Our Supreme,
court judges have literally construed this
law in favor of justice and have struck
terror among malefactors who hoped to
IL.
extended so that the Judges should have
unquestioned authority to supervise all
the election officers and issue proper and
summary process to compel compliance
with the law. Much fraud and confusion
would be avoided and greater certainty
effected and expenses in election contests
saved by providing that all ballots should
be numbered TO correspond with the
number OF the poll list. This would pro-
mote the secrecy of the ballot because
it would then be deposited without be-
ing looked at and the poll list should be
certified, closed and sealed before the
counting Of the ballots. Provision should
be made to prevent the failure of cleo
tion because of the loss OF registration or
other books.
OUR JUDICIAL SYSTEM.
In 1868 our system of civil judicial
procedure was reyolutlonlzed by the
amalgation of the law and the equity
courts. This change, then violently de-
nounced has stood the test Of experience
and is now generally admitted to have
been a great and lasting reform. Yet
much of the fallacies of the old system
has been preserved by the new. Not the
least among these is the doctrine tnat
equitable remedies must be denied II
here be an apparent legal remedy. Laws
should be for the prevention as Wen as
the reparallel of wrong. Wrong should
be prohibited and the remedies for their
prohibition should be as easy and as uni
yersal as possible. No defendant should
be heard to say TIM he should not De
enioined or prohibited from the commits
SION of an unlawful act because he can
be held in Damages or otherwise COM
PEELED to compensate. Actions OF an
eouitable nature should be sustained even
though there be another remedy known
among the lawyers as the strictly legal.
Equitable ana legal remedies should he
cumulative. Preventive processes should
be encourag ed AID enlarged. The policy
of every judicial system should be to
nreyent the commission of wrong. With
the centuries looking down upon us since
the law was given thou shall' and thou
shall not" we shnnlG lave passed the
,or;od when a complainant could be told