The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-06-03
The @essenger.
CASES FOR CALM LEGAL CONsID-
GRAFTON.

Saunders, II. w. Miller, d. K. McRae,
Governor Graham, E. G. Reade, r. B.
Gillian, A. w. Venable, Hugh Wad-
dell, and others. We soon learned that
lawyers. like doctors, disagree, and
particularly as to the construction Of
law n authorities. With advancing
years we began to regret often that
we had not read law diligently for a
rev years IL we had not practiced, for
legal questions come up in one way
I'M another in editing to bewilder, and
annoy the ignorant driver Of the
Fsber. So we touch purely legal ques-
fions as if they were 50 many hot
pokers, feeling capable to tackle, but
one thing connected with the law in
any of it's interests or phases-the
present make-shift system of trial by
such iuries as are found in the south,
with it's absurd principle of absolutely
demanding that twelve men shall
agree or there is a mis-trial. We keep
the jury fiasco and humbug for partic-
ular attention at intervals. It is such
a shabby excuse for justice we take
vast satisfaction in jobbirg it with our
stylus, hoping to make a hole or two
in the contemplate system of miscar-
rjage of justice and invitation to
wrong doing.
We wish to refer to a matter Of public
interest not Dramatically, not argu-
mentatively, not explanitOrily, but in
terrOgatively. We would like for clear
r1oJ~J nell raaJ To- Uruarc in North
Carolina decisions to consider the fol-
lowing.
Much criticism, we hear, is making
upon Judge oliver H. Aliens recent
decision in the New Hanover county
commissioners case of which we do
not purpose to attempt to give an
opinion. This writer is a very init
mate personal friend Of Judge Allen,
having known him since he first went
30 the bar, and knew his father, moth
er, grandfather and many others of his
Granville relatives before he was born.
His stock is good and honest and re-
3iable. If Judge Allen is not a per-
pendicular white man, a sincere Chris
tian, az honest upright judge, then
we are deceived beyond anything else
connected with mankind in a long life.
We do not know a living man in whom
we more onfide We believe him to be
sans peur sans reprOche.
: Now for the decision. We ask law
gers not interested as lawyers in the
decision rendered by Judge Allen, If
there is not at law, 1--WE believe that is
the way to put it,, a difference be-
tween the Bladen county case and the
New hanover case? Examine and see
If there is not. Does not the judge
ment in the BLADDER case and the New
Hanover case differ in the manner in
which they were reached? In other
words, was not the Bladen case tried
at a, term of court, in regular process,
in what the lawyers would call, a quo
warranto proceeding to try the title
to office? The question may be under
stood if not exactly stated in the lam
guage of the court. Does not the New
Hanover case differ in this-that it
was heard at Chambers, where the
power of the judge to grant an in
junction was involved, it also being, as
we gather it, in a quo warranto pro-
= ceeding. If there is no difference in
these processes then our question may
be idle.
Another question for good and
sound lawyers. Has not the supreme
court of North Carolina said with all
positiveness that injunction will not lie
49, 30 %rxy %:f1n tn 0f6ooS Vn
have been so impressed. Indeed, we
have been so informed. If the highest
court has thus held were not Judge
Aliens hands tied. We are seeking
to find the right simply in this matter,
without any semblance of dogmatism
and as journalists seeking the true
legal light. We do not pretend to be
so informed as to presume TO speak
OK cathedra. If the law is as we sup
pose, we confess we are unable at
present to see how Judge Allen could
have decided as democrats would have
liked. If he had held otherwise in the
face of the opinion of the supreme
court he would nave been what?Unwise
will not exactly express it. Would it
not have been charged against him
that he was guilty Of judicial nsubor-
. dination, or even worse than that OF
corruption in office? Whatever may
! be the opinion of the lawyers as to the
decision. we are quite sure that the
highest sense of duty and Responsible
Nv controlled Judge Allen in his decls-
ION. Who can possibly doubt who
KNOWS the man where MS 1eelihss'
sympathies and preferences "ouio lie
in a case like this, if he were not con-
trolled by higher responsibilities n
a lofty sense of conscientious duty. he
may err in judgment and blunder In a
matter of law, but he is a pure, up
right man on or off the bench. we
must believe that any talk of judicial
corruption because of his decision does
much injustice to a man of highest
urobity and most delicate sense OF