The news & observer., 1897-11-07

An they're 'angin' Danny Deever in
the mornin'." Rudyard Kiphng did not
spell the name of his Deever like we
spell ours, but our Deaver, all the same,
10 having nearly as bad a time as Dan
ny did. Danny Deever was private IL
the ranks said Files-on-Parade; our
Deaver was justice of the peace, the
color sergeant said. Although he was
q Republican, he summoned the South
ern Railway to appear before him in the
matter of having, against the peace and
dignity Of this Commonwealth, present.
ed Judge III. G. Ewart free pass over
their line.
Whether as a consequence or coinci-
dence or precedence of this stroke OF
civic heroism-anyway Judge Ewart had
Deaver-poor devil-dragged up before
him last week, according to the Asheville
papers, on charge of embezzlement,
and he was convicted. Coming pell-mell
on this conviction were two or three
more indictments for embezzlement un-
til Deaver, losing his grip on himself,
became an object Of pity, throwing him.
self upon the mercy of the court 1t
seems that sentence is reserved until De-
cember; meanwhile poor Deaver is ball
ed out under $1,000 bond. Judge EW-
art before this had had bill prepared
against the Southern Railway with him.
self as witness and the bill was return
ed mot true" Just then Judge Ewart
was adjudged "in contempt by Deaver
and then followed the Deaver embezzle
ment festivities. Then Judge Ewart, his
whole "ego" green-bellied and tiatulent
with wrath, took shot at the Ashevllle
editors whom he had put down as wit
nesses on bills against the Southern for
giving them free passes. One OF these
went through o. k. He said he wanted
to have the case tested once for all De-
fore the Supreme Court to the end, 1t
may be supposed, that the Southern and
other railways may not be worried
abount sending him renewals" on jan
uary 1st next. As this is free country
no longer priest-ridden or judge-ridden
(since the Chicago platforns) may the tan
of Judge Ewart's official robes be trod
upon long enough for him to be asked
this civil and timely question? Why
did he not let the test case go to the
courts on himself instead of the editors?
Again does he not know that the only
condition on which railroads give passes
TO newspapers is advertising in one form
or another and that this is the under
standing of the editor who does give the
advertising which may be seen and read
of all men. While Judge Ewart, also,
has during the last few days given. un-
Willingly, no doubt, the Southern Rail-
way a lot of advertising, it was not of
the nature for which, in the shape of
schedules and other notices, these roads
give passes to editors. The editorial col
umns of a paper are not bought with d
free pass-if so, let somebody mention
any Democratic paper in this State
whose editorials are so bought II the
editorial columns of the Asheville pa
pers had been thus bought it would be
like snake singing itself for the South
ern Railway to have a test case in these
instances. But with Judge there is
no advertising to give-what then does
the pass rest upon? Courtesy" with
a big G.. / heard Bronson Howard, tht
famous American dramatist, once called
upon post-prandially to make some re-
marks on the Reform of the Stage
Rising, the distinguished playwright
said: my remarks may be summed nj
in one word, Che paused), that word
men and brethren, is 'Ratsv" If Judge
Ewart is ever called upon after dinner
to respond to the toast of Courtesy 0,
Railroads to judicial Officers" an(
wants to make the best speech Of tht
evening, let him recall Bronson How
ards response, so tender and true.
This does not mean that Judge Ewar
can be consciously Influenced by sucl
agencies against his convictions of duty
/, for one, have the utmost confidence
in his character and respect for the man
and count him among my persona
friends, but he certainly must be losing
his head to be carried off in an unbe
fitting temper to applications utterly ir
relevant to the danger the people O
this State have in mind. 1t is wholly
a matter of opinion, but an opinion II
which l venture nine-tenths Of intelli
gent men of character will concur tha
Judges cannot with good taste accep
these so-called "courtesies" from rail
roads. | wonder what an old-time Judge
of long ago, would have said had rail
road offered such 'courtesies." If Judge.
will accept them, and there should bt
no statute necessary to prevent it, they
must take the consequences and forfei
that respect from the people for th'
bench-which, as Thomas Jefferson
pointed out, was the greatest danger t:
Republican institutions. All this counts
for nothing as the opinion Of any indi
vidual, but only as it is concurred in b!
the great bulk of the laity. Railroad
never give something without at leas
expecting something-and usually get
ting it. In Judge Ewart's case, the rail
road is at a dead loss, the taxpayer
"ponying up the ante" for the miles b.
covers with his pass. The whole force
Of the word "Judge" implies an ever
balancing Of the scales-if there be I
free pass in one pan, there has to b,
something, resistive or otherwise, in th
ether pan to balance it, and 'that ain
no joke"
OF course, there Is a pathetic side t
oil this; we all well know that the South
srn Railway is the only avenue of escap
from Hendersonville and that fre'
pass over that great highway mean
much to one who, like Judge Ewart
early contracted the vicious habit o
civilization in Raleigh, not to speak O.
Washington. That Hendersonville feel
pent up and must have a sniff now ant
then Of the great outer world is not de