The news & observer., 1900-12-28

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the State. Mr.. Burton entered into
this difficult case with all his zeal,
! giving almost his whole time to a
study of the question. Most of the
lawyers thought that the exemption
was unlimited and perpetual and that
nothing could be done which would
subject that property to taxation.
/ The difficulties were many. But Mr..
! Burton's ability and genius were able
/ to overcome them. He made a test
case that was tried when Judge Con
nor was on the Superior court bench.
| Judge Connor decided that Mr.. Bur-
| tons contention was sound-and he
| had won first blood. The case was
I, one of such great Importance that
/ Judge Connor rendered his decision
| in an able written opinion. The rail-
road appealed to the Supreme court.
| Mr.. Burton's argument there was one
| of the ablest that has been heard in
the chamber of the States highest
court. The court affirmed Judge Con-
nor. The opinion of the court was
! delivered by Justice Clark. The opin-
| ion of Judge Connor and Justice Clark,
sustaining the contention made for
| the State by Mr.. Burton, made it so
clear that the exemption could not
| long stand that at the next session of
the Legislature a compromise was eff
fected by which the railroad surren-
! dered all claim to exemption from
taxation. 1t is the most important
case that has been decided in North
Carolina in a quarter of a century, and
his success in that case gave Mr.. Bur
ton wide reputation and rank with the
| first lawyers of the State. Tt made
his subsequent success at the bar GER
! tain and laid the foundation in Raj
! eigh for large practice of the most
, lucrative sort. Some years after, when
the Wilmington and Weldon railroad
lost it's attorney at Raleigh because
Mr.. A. w. Haywood moved to Haw
| River, Mr.. Burton was retained as its
attorney at the capital. He had won
his first spurs in Raleigh fighting
the claim OF that railroad. 1t was a
high compliment to his ability and
breadth that they wished to retain him
to fight their causes. In important
litigation in which they have been en-
gagged he has represented them with
/ signal ability and fidelity. They never
asked him tc lobby for them and if
any client had sought to secure his
/ services in that capacity Mr.. Burton
! would not have consented to do so.
His ethics were of the highest and he
| lived up to what his conception of
the ethics of the legal profession re-
quired.
| Mr.. Burton was emphatically lawyer
He loved his profession and found it
!, jealous mistress. He was widely read;
was scholar of high attainment, taking
! first rank at Randolph Macon College
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! literature; he was well read in political
economy and had sound and deep seated
political convictions. But first and last
(, he was lawyer with the temperament
and taste of lawyer. He sought promo
i tion or success m no other field. AS a
| lawyer, he was remarkably free from
| bias and partisanship. He was true to
his client He fought his legal battles
| without feeling or passion. He carried
no animosities with him. When he ap-
peared against the Atlantic Coast Line
in the exemption suit, it was as a lawyer.
| AS q citizen, he might have thought they
! ought to be taxed. but he was appearing
as a lawyer for a client and was looking
| to find a sure way to win the case for his
client by methods known only TO the
highest ethics of the profession After
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| of the Atlantic Coast Line in The tax
cases, as citizen he may or may not
have thought the road should pay tax.
| When retained IN a case. his duty as
lawyer oyershadowed everything else and
he was concerned only to win the case for
his client ny the methods known only to
the highest ethics of the profession. He
could appear today against a railroad and
fNRN a.,
any sacrifice of position or conviction, FOR
! he was first of all a lawyer. 1t is as {
! lawyer-a resourceful, able. we'll trained,
| studious and conscientious practitioner
that his claim for fame rests. He has
written his name in the legal annals of
the State and it will remain there for all
I time.
MEETING OF THE BAR.
Yesterday afternoon a meeting of
the Raleigh Bar was held in the office
of Clerk Russ to take suitable action
/ upon Mr., Burton's death. -
On motion of Mr.. r. T. Gray, Judge
/ Thomas G.. Fuller was called to the
chair, who stated the object OF the
assembling of the members of the bar.
Mr.. S. G. Ryan was elected secre-
tary.
Mr.. i. III. BuSbee offered the fol
lowing resolution which was adopted:
Resolved, That a committee of five
be appointed by the chair to prepare
suitable tribute of respect to the
memory of our brother. the late Robt.
0. Burton, to be presented at meet
ing of the bar of Raleigh, to be called
for that purpose early in January by
the chairman of the meeting.
Mr.. ). +. Mordecai offered the fol-
lowing resolution which was adopted:
Resolved, That the members of the
Bar assemble at the Supreme court
room tomorrow in a body and Join
the funeral cortege accompanying the
remains.
Resolved, That the committee al
ready provided for be authorized to
purchase suitable floral offering as
a tribute from the Raleigh Bar to the
friend and brother.
/ The following lawyers of the city
were present: Gov. Russell, Judge
Thomas {. Fuller, Judge Walter
Clark, +. H. Busbee, S. +. Mordecai,
II. i. Norris, Judge Thomas Womack,
Baylus Cade. Bart Gatling, w. L. Wat
son. w. G.. Douglas, S. G.. RYAN. w. f.