The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1902-07-03
The Corporation and a Justice.
Norfolk Eirginian-PilOt

A rather interesting situation has
developed in the matter OF the Chief
Justiceship OF the Supreme Court III
our neighbOring State Of North Car
DINA. and there is the unusual spec
tacle OF Il Justice OF the Court de
| Tending himself through the press
against violent aspersiOns that have
been cast upon his public record
Associate Justice Walter Clark, an
exceedingly able man and well-equip-
ped iurist, is Il candidate for the pO-
sitiOn OF Chief Justice. He was
charged by some OF the newspapers
with having instigated litigation i'll
which he would have to sit later as Il
Justice, and the cOrrespC rdence be-
tween himself and former Governor
Russell has been published i'll cOmse-
queIce. Judge Clark's reply to the
charges made against him are that
the railroads OF the State are at
tempting to defeat him because they
cannot control his decisions. The
controversy is waxing decidedly
warm. with the Indications in favor
Of Justice Clark nomination.
In view Of the fact that the leading
railroad attorneys Of the State are
making the fight on Justice Clark,
there would seem to be something III
his charge that the railroads are
making war on him. 1t is, III fact
the evident logic OF the situation.
Correspondence, the people may be
,Jl,,,n,j,l +,,, To ha
port OF Justice Clark. And in that
they will do we'll.
II there be one danger that pecul-
iarlv mcnacrs the country it is the
polluting hand that corporations
have laid upon the judiciary. 1t is
the fixed policy OF wealthy corpora
tiOms, the railroads especially, to re-
tain lawyer as counsel just as soon
as he has shown conspicuous ability.
TO win one big suit against a rail
road will assure an offer to any
young attorney of Il place as counsel
for that or some other railroad. The
result is that the railroads practical
" mOnopolize the brains OF the pro-
fesSion, and when Il Judge is to be
chosen he has to be taken from the
ranks of the railroad lawyers in
nearl Y every ease.
The protest against and the deep
seated distrust OF the people at this
condition OF affairs is neither idle
nor populistic. We assert that no
man can be an impartial Judge whose
sympHthies and mental bias is all for
corporations, whose counsel he has
been and whose Influence has been
mainly responsible for his elevation
to the bench As Il matter OF fact
there are men on the bench whom no
sensible lawyer would accept as Il
Juror il he could help it.
This is a ''cOnditiOn and not Il
theory and il is one that iii all the
States deserves more serious, dis
passionate and candid treatment
than it receives. There Is too much
OF bitter dcnunciatiOn on the one
hand and pi%-headed conservatism
on the other.
1t Is Il mere truiSm to say that the
judiciary should be impartial Yet
no man with rudimentary intelli-
gence. who has observed the course
OF politics, VIII deny that powerful
corporations are always seeking,
and only too often successfully. to ell
evatp their friends to the bench. Can
| the impartiaIity OF such Il Judge be
reasonably predicated when corpo-
ration cases come before him?
1t seems to Us that if North Caro-
lima has IL Justice OF large ability,
who is not corporation lawyer. she
will DO we'll to retain him in her ser
| vice