The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-04-30

| MT. EullOf. Ii mas DeeH the liiLhe-
mortal privilege of suitor who loses
his case to 'cuss the court" but the
late pamphlet signed by Jas. w. Wilson
abuses the privilege. He not only cusses
out the wrong judge for Judge Doug
las (not Judge Clark as Major Wilson
states) wrote the opinion, which is an
elaborate one, covering thirty-tw pages
and can be found 121 N. G. Reports,
pages 44S-4S0 but with unparalleled
cheek he assumes that his charges, abso-
lutely unsustained by a title of proof
are to be taken as true unless Judge
Clark disproves them. Such course
is so contrary to the most elemental
principles of fair play and justice as to
need no discussion with any fair mind
ed man.
The whole performance is but the rep
itition of a similar scene which so sig
ually failed at the Impeachment trial
1t is now rehearsed, with blowing of
horns and beating of drums by the
Dan Russell-Jim Wilson Southern
Railroad Combination" with the addition
only cf several we'll known railroad
ticle was concocted al meeting Of raii
road agents and attorneys recently held
in this city.
: 1t is here stated on the authority Of the
highest character, from the section in
which Maj. Jno. d. Shaw lives that he
left home to attend that meeting: He
said there had been a meeting, TO bring
out an independent candidate against
Judge Clark, which he had not been
able to attend. but now some papers
had been found against him which would
ruin him, and that he was going down
to Raleigh Ito fix up the matter" and
defeat his nomination. About the same
time Major James W. Wilson left Nor,
canton, making very nearly similar
statements to some friends of his as
is avouched by a letter from a we'll
known citizen of Morganton The files
of the Raleigh papers show an unusual
gathering of railroad lawyers in Raj
, eigh at that time. This combination TO
secure the control of the Supreme court
of the State. and to reform and revise
and change the decisions Of that court
which are repugnant to the corporations
because fair and just to the public
| their purpose and after considerable
| hesitation selected Major James W. VIII
son. knowing that q Judge could not
go into newspaper controversy, these
conspirators thought they had Judge
Clark at a disadvantage by offering nc
proofs which his friends could answer
: but simply making charges without
;. proof, and calling upon him to answer.
Their object was to embroil him person
! ally in a newspaper squabble, keep ii
, UP no matter what he said in reply till
the convention and then say it was be-
meath the dignity of the office to nomi-
nate such man for Chief Justice
2 They had lately used Mr. Page, the
? president of one of the subordinate rail
j roads (who by the way voted for the
Republican candidate for President
: both in 1896 and 1900 to oppose Judge
Clark's nomination by the Democratic
party. His attack had specified the
proofs of his charges and had therefore
been promptly and effectually answered
by Judge Clarks friends. 1t was al
first thought that Page should again be
: used as their mouth piece and he mac
! boasted that he would issue this
, pamphlet, which can be proved by {
we'll known lawyer of his county and he
! avowed his knowledge of its contents
n and its being Forthcoming in one of his
many recent visits to this city.
t But it was thought prudent, in view OF
t the failure of his previous attack to uGt
n another and it proves more fortunate
r selection for if ever a piece of goods
bore a hall mark, James w. Wilson
bears in his whole career for long years
past the trade mark Southern Railroad
Company-their man."
o The article starts out with statement
4 by the nominal writer Mr. Wilson, tha
Judge Clark had done him a wrong il
writing an opinion in his case (Which thC
f record shows was written by Judg<
. Douglas), and getting hotter and hotter
2 it winds up by saying that he has n(
f malice. This is a fair sample of the in
e consistency and inaccuracy that per
S vades the whole of the joint production
of the eminent railroad attorneys. il
e the light of fair, impartial investiga
t tion, let us examine the charges: F'irs
: they attacked Judge Clark's party feal
ty. 1t is alleged that he was endorsed
= by the PopuliSt Convention of 1894, anC
e did not decline the endorsement, Will,
i Judge Connor did. Let us see how tn
truth may be: The ronulist Convertio,
met the 1st day of August, 1894 Mr.
Butler had conceived the idea that h
: could achieve some popularity for hi
new movement by adopting the plan o
! dividing the judges between the two po
. ltical parties, as is the custom in Hi
q nois, and several other States. In pur
O suance of that idea. the Populist Con
: venticn passed a resolution that the,
@ would cast their ballots for Tairclotl
e for Chief Justice, Furches for Associate
: Justice, and "fcr Judge Walter Clark t.
succeed himself, as Associate Justice