The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-07

| and so many choice thoughts from the
writings of great men and great authors
| that he unconsciously assimllated these
| things rather than strike fire from the
| flint of his own mind. Let me lay
your attention under tribute moment.
| All things considered. | can
| not do better than have Il con-
yersation with, you about some things to
| be found in the first sixty volumes of
| our Supreme Court Reports: things
| which fill little space in the head notes
| of cases: things which we know. because
we have read the cases plump through
| and which we would not know perhaps
| through Digests or Arrangements.
Turn to page 1914, DevereuX' Law
| 112 n c. new style and read. at
would be unreasonable to require that Il
person in the country receiving an en-
lorsed note should neglect the concerns
of his plantation to attend solely to that
particular business" Notice to en-
dorser.)
At page 130 same volume. reference is
made to the act of our Legislature Civ
ing the Supreme Court the same power
to grant new trials as well, upon mat
tiers of fact as matters of law. as the
except in criminal cases. Mr. Badger
for the plaintiffs in this case, made Il
fitting sneer at the tenuity Of defend
ants phrases, ''humble Individuals and
IA vast monied corporation
The first opinion delivered by the late
Chief Justice Ruffin may be found at
page 231. volume Is Devereux' Law,
volume -
The same great judge ut page 264 of
this volume, puts upon record his feel
ings as Il man against the abuses in
ilicted upon a slave by his master.
On one subject especially, the Supreme
Court of our State have maintained and
now occupy the most exalted position
among juridical bodies. that is on the
point Of the validity of voluntary gifts
and conveyances of property by persons
indebted at the time.
In the notes by the editor of the
eleventh edition of Kent's Commentar-
les. at page 513. volume ,, he speaks of
the very able decision of the Supreme
Court of North Carolina in O. Daniel VS..
Crawford, 18th Dev. 1871 as standing out
firmly opposed to this encrvatng infirm-
ity. When this decision was rendered
our court consisted Of Chief Justice
Ruffin and Judges CASTOR and Daniel
| think | see these ''old Benchers of the
Inner Temple" after holding high com
munion the day long and taking order
that no harm come to the State. nor in
justice befall its citizens descend from
the chairs they adorned by their touch
TO whom shall | compare them!
To the men of old Stately and firm.
To the men who stand out against the
very pref ace of the world. To the men
who come down from sacred mount inns
after interviews with jehovah. Charles
Lamb leads anew the words each in
stinct with an Immortal soul. They did
not walk linked arm i'll arm in those
days" las now our stout triumvirs
sweep the streets but generally with
both hands folded behind them for State
or with one at least behind, the other
carrying a cane.
At page 237 18th y. c. Devereux and
Battles Law, Vol. L., a case is referred
to as reported in Martins Collection Of
Cases.
At page 231. Bird \. G.. Haywood's
Law and Equity, a case is report. d
which did not proceed to jldgnilt owing
to the dispersion Of the jury by a cry
of fire.
An early instance declaring an act of
the Legislature VOID may be found in
1st Haywood, page %. In LIST Haywood,
page 121, case is reported which PRO
yoked our statute giving to purchasers
at execution sale of personal property
the title to (which fails an action against
the defendant Twenty-Five North
Carolina. pages go, shows that attor
neys did not then appear before tn"
courts Of justices of the Peace.-44 North
Carolina 173 the dissenting opiIion III
Spruill rs. Leary is upheld 1T seems from
a memorandum | have that the Chief
Justice retained the papers resigned and
did not file an opinion. In this volume at
page 349 are some noble and harmonious
words from Chief Justice Wiles. 1t il
not ont of place to say here that q dill
gent lawyer painstaking lawyer of
sound discermment; a lawyer who may be
long to the small circle of supreme law
yers occasionally finds himself before the
court with a case which he has digge0
over, mined and countermined until he
feels prepared to say the hast word the
case admits of. Such Il case SO prepared
affords him Il degree of satisfaction
which religion itself is poweiless to be-
stow. In the 3Ith North Carolina. page
30. it is held that perpetuities within the
meaning of our Constitution do not APP
ply to public charities. In the 3Sth ~
C.. page 4J6, n notice appears beginning
as follows: THE editor of the hide
pendent informs the bar of the State
that he has for sale forms of declara-
tons and other pleadings carefully pre-
pared" etc. In the 10th n. c.. immedi-
ately following page 16S, may be found
the proceedings Of tile bar ON the death
of Joseph John Daniel one of the
Judges. When the resolutions were
handed UP to the Court Chief Justice
Ruffin. on behalf of the Court replied:
Il commend this reply to the members
OF this Association. 1t sounds like the
long roll Of fame; it is the swell of the
great tide bearing inshorc at an hour of
silbdued calm. y great friedman has
recently said the only complete and per-
feet obituaries are those Of a single name
such as La Fontaine Racine Reuan"
Volume -. page 49,, Chief Justice
Ruffin deals with a case of gambling
known as the greasy pig trick. In a
foot-note TO Volume 26. page 40. of the
Reports it appears Judge Castor read