The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1902-05-02

against Senator Butler in the legislature
OF 1895 Is so puerile that IL must be one
part of the pamphlet which is Wilson'S
own selection. II anything was well
known in the campaign of 1894 1t was
that il successful Prltchard and Butler
were to be the senators m 1t took the
Joint votes of the republicans and
populists in the legislature to elect
them. No living man could have de-
feated either of them with the followers
they had Just led to unexpected and I'M
hoped for success. Ne suggestion Of
Judge Clark's candidacy was then heard
of and IL IL were true would the demo-
crazy the following year have rendered
him the g~ubernatoriai nomination and
endorsed him for vice-president? There
are some things so extravagant that
eve inveterate malice and incipient do
tage should not be made TO assert them
Next comes the charge that he In
morally unfit, which will astonish
good people OF North Carolina The
specification is that he has sat On cases
which he had instigated to be brought
This charge is not only mad without
proof TO sustain ii, but proof TO the con-
trary is readily accessible 70 every one
The only cases specified are those con-
corning the free pass Indictments and
the pending litigation as to the taxation
of railroad franchises. The first indict-
ment as to free passes is that of state
VS.. southern Railway 100 N. c. 1852.
which was instituted by the grand
jury in Wake county the bill drawn by
Solicitor f. w. Pou, the present mem
Der Of congress from this district n
the opinion in the supreme court was
written by Judge Montgomery. Mr..
Pou and the witnesses in that case are
accessible, and it is an insult to them as
well as to the grand jury to allege that
Judge Clark procured the finding or
drawing OF the bill or The sending Of
these witnesses to the grand jury The
other Indictment was state VS.. Railroad
125 N. G. 666. from Burke. The bill in
that instance was drawn by Mr.. SPAIN
hour. the present solicitor Of that dis
trict. The charge to the jury was made
by Judge Stevens. the bill was found
by the grand jury and upon evidence
Of witnesses not one CT whom probably
ever saw Judge Clark. The result OF
these cases were to put some three
| thousand dollars into the school fund.
The only other case mentioned IL the
pending litigation brought By Sheriff
Jackson, Of Washington county. against
the railroad commissioners to compel
the levy Of taxes upon their franchise
alleged to be worth more than 100000
900 which till now has been wholly sx-
empt from taxation. Senator H s.
Ward, who instituted the action as at
torney for Sheriff Jackson, has stated
in most u~nequivocal terms over his exn
signature in the public press, that Judge
Clark had nothing whatever DIDO with
the instituting of that proceeding. He
Is a gentleman OF the highest character
and needs no voucher. The Judge who
charges a grand jury to- indiot those
who commit murder Or larceny or other
ofense against the, law cannot be said
to institute the proceedings. in such a
sense that IL is improper for him to- pre-
side at the trial of those against whom
true bills have been found by the grand
jury under his charge. Judge Clark
has the courage OF his convictions and
no doubt stated publicly that the Law
agains free passes was on the statute
book, and ought to be executed. and he
certainly also stated that IL the Law
taxing the railroad franchises was TO be
enforced property Of his kind worth
500, 00O, 900 ought not 10 remain untaxed
while burdens of taxation were being
borne by the farmer, the merchant and
manufacturer TO the utmcct limit Of the
law. II such expressions had any effect
10 procure the execution Of the law
against those whom the grand jury
foundg guilty. IL is certainly not TO the
discredit OF one whose oath requires
him to see to the impartial execution Of
the laws Of the state. We need public
officials who will instigate the impartial
execution of the laws against all alike.
against the rich as well as the poor,
against powerful corporations as much
as against the poor man who may steal
"a crust 10 appsaSe his munger. III VIII
be noted that the complaint IN tho
pamphlet is an OF execution Of the law.
against railroads. OF their being made
TO obey the laws against their habit OF
corrupting officials with free pass ia
vors and against the execution OF the
statute taxing their property which Is
now tax free.
Now as 70 Wilson'S own case: Major
Wilson, prior to the time that he was
| appointed to the railroad commission
/ had for many ear been continually In
the railroad service. It Is well known
that Governor Fowie refused on that
ground to appoint him though a former
schoolmate n personal friend The act
was then changed SO Is to elect by the
general assembly. n his election. by
that body was earnestly advocated by
the Southern Railroad and its agents
After he became a commissioner there
was a general demand In the state that
the commission should exercise the pow
, er for which it was created. by reducing
: the rate OF fare for passengers and
{ freight rates. for IL had been publicly
stated. and generally understood, tnas
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