The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-06-21
CARTER is APPOINTED
HIS COMMISSION ISSUED BY THE
GOVERNOR YESTERDAY.
HE WAS SWORN IN BY JUDGE CLARKE
Both Sides Of the New Resignation Scandal
Matter Now for the Courts 10
Settle.

at the next term VI tuC NouA1 ~ eii''t
county, virtually have the naming of the
Judge of the Twelfth district" Thus
spoke well known Raleigh lawyer yes.
terday. OF course he meant the naming
of the judge as between Judge Norwood,
who declares he has not resigned, and
Judge K. ID. Carter, who was commits
stoned by Governor Russell yesterday to
succeed Judge Norwood, whom the Gov
ernor claims has resigned
This would be the proper thing for
the sheriff of Madison to do said this
lawyer. I'm case both Judge Norwood
and Judge Carter should appear, claim
ing the right to preside. This is the
next court to be held to which Judge
Norwood was assigned, and it opens
Monday, August list"
Judge Norwood still claims to be the
legally elected and duly qualified judge
of the Twelfth district, Notwithstanding
the fact that Eugene ID. Carter, of Bun
combe county, was appointed and com
missioned Judge of the Twelfth district
by Governor Russell yesterday. This
appointment was foretold in the News
and Observer several days ago, even be-
fore the Governor had given ont the fact
that Judge Norwood's resignation had
been handed in by the resignation truss
tee, Virgil S. Lusk.
And here is another one of the resigna-
ton "howdy-do's'' that Russell has got
himself into. Norwood declares that he
will fight the matter to the bitter end.
Carter has his commission, and like
Pearson and Caldwell. must do his own
fighting for the position. If it goes into
the courts it can hardly be decided be-
fore the election comes off. If the two
contestants should not agree beforehand
the sheriff of Madison can recognize
either one he pleases. and then every
lawyer in the district will have grounds
of appeal for every case tried.
1t, is all more scandalous confusion
growing out Of epublican-Populist fu-
sion.
The fohowing from the Ashevilfe Citi-
zen gives both sides of the contention:
Concerning the resignation of Judge
w. T.. Norwood and his announced in
tention to test the question of the Gov
ernor's action should that official APP
point successor, Col. V. S. Lusk to-day
gave the Citizen leaf from the history
of the case.
During the session of the last Legis-
lature." said Col Lusk, "a resolution
was introduced impeaching Judge Nor
wood for his known infirmity, which
resolution was referred to the judiciary
committee of the House While the
question was under consideration Judge
Norwood's friends. Judge Avery. Judge
Boykin, and quite a number of leading
lawyers and personal friends. made an
appeal to the committee that it would
not report the resolution of impeach-
ment: pledging his honor to abstain from
further like offenses. and agreeing to
place his resignation in the hands of the
committee to be forwarded to the Gov
ernor in the event of a repetition.
SIN accordance with that agreement
Judge Norwood wrote his resignation,
turned it over to the committee, and the
committee placed it in my hands with in
structions TO forward TO the Governor
in the event of a further repetition. III
addition to this Judge Norwood wrote
certain instructions to me which were as
follows:
This wrapper encl0ses Il resigna-
ton of the office of judge of the
Twelfth district, which | request you
to keep until the expiration of my
term of office; unless, at any time
/ shall be publicly drunk whether in
court or out of court; aud if after
thorough investigation you shall find
that / have been publicly drunk in
that case / now request you to hand
said resignation to the Governor Of
North Carolina, and you are my
agent for that purpose
ION Saturday, the fourth of June, re-
turning from Raleigh, when | boarded
the train | was notified by a friend that
Judge Norwood was aboard inebriated.
Soon afterwards my attention was call
ed to Judge Norwood by friend. | was
not only astonished but mortified to find
that the information was correct
waited a week, hoping Judge Norwood
would give some explanation in regard
to the matter Receiving none, | for
warded his resignation to the Governor,
III accordance with his promise and the
promises of his friends and his written
instructions.
Il have no feeling in the matter ex-
cept one of sorrow and regret for the
Judge in person, for his family and for
his friends. 1t was simply an act of
mine in discharge of what / conceived
to be my duty to the judiciary commit
tee, and in pursuance of the wish OF
Judge Norwood.
Judge Norwood and his friends seem
to be laboring under a misapprehension
of the instructions received by Judge
Norwood at the time of delivery to me III
his resignation. A letter from judge
Norwood herewith will Indicate very
clearly the point of mistake. There i,
no stipulation in the instructions reauir
ing me to give notice of my intention o.
forwarding his resignation, as will NOR,
fully appear by reference thereto.
II was not disposed to take any 'snal
Judgment on Judge Norwood. and fol
that purpose | waited week, that BIZ
might explain or give a reason why th,
resignation should not be forwarded I,
the Governor in accordance with his in
,structions. / will say that the forward
ing Of the resignation to the Govern
or was voluntary on my part. The resig