The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-06-22
The Corporation and a Justice
(Norfolk Virginian- Pilot.)

rather interesting situation has de-
vcloped in the matter of the Chief JUS
ti,.eship of the Supreme Court IN our
neichboring State of North CaroHna,
and there is the unusual spectacle OF
.Justi.e Of the Court defending himself
thruuz. tile press against violent as
pensions that have been cast upon ms
public record.
Associate Justice Walter Clark, an
exceedingly able man and well-ecuipped
jurlst, is a candidate for the posltlon oi
Chief Justice. He was charged by some
of the newspapers with having lnsu-
gated litigation in which he would have
to sit later as a justice, and the cor
respondence between himself and former
Governor Russell has been published in
consequence. Justice Clark's reply to the
charges, made against him, are that the
railroads of the State are attempting
to defeat him because they cannot con-
troll his decisions. The controversy is
waxing decidedly warm, with the indica-
lions in favor of Justice Clarks nominal
ton.
In view Of the fact that leading rail-
road attorneys of the State are max
ing the fight on Justice Clark, there
would seem to be something in his
charge that the railroads are making
war on him. 1t is, in fact, the evident
logic of the situation Correspondingly.
the people may be depended on to warm
up to the support of Justice Clark. And
in that they will do well.
If there be one danger that peculiarly
menaces the country, it is the polluting
hand that corporations have laid upon
the judiciary. 1t is the fixed policy of
wealthy corporations, the railroads espe-
cially, to retain a lawyer as counsel
Just as soon as he has shown conspicuous
ability. To win one big suit against a
railroad will assure an offer to any
young attorney of a place as counsel for
that or some other railroad. The re-
suit is that the railroads practically
monopolize the brains of the profession,
and when a judge is to be chosen he has
to be taken from the ranks of the rail-
road lawyers, in nearly every case.
The protest against and the deep
seated distrust of the people at this con-
dition of affairs is neither idle nor pop
ulistic. We assert that no man can be
an impartial judge whose sympathies 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 y
matter of fact. there are men on the
bench whom no sensible lawyer would
accept as a juror, if he could help it.
This is condition and not theory
and it is one that in all the States de-
serves more serious, dispassionate and
candid treatment than it receives. There
is too much of bitter denunciation on
the one hand and pig-headed conserva-
tism on the other.
1t is a mere truism to say that the
judiciary should be impartial. Yet no
man with rudimentary intelligence, who
has observed the course of politics, will
deny that powerful corporations are al
ways seeking, and only too often sue
cessfully. to elevate their friends to the
bench. Can the impartiality of such a
judge be reasonably predicated when
corporation cases come before him?
1t seems to us that if North Carolina
has a justice of large ability, who is
not corporation lawyer, she will do
we'll to retain him in her service.