The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-08-05
JUSTICE Is NOT BLIND.

Gen. S. D. Atkins, editor of the Free
| port. Qlls.), Daily Journal, has sent
| broadcast over the State a marked copy
| of his paper containing an assault upon
the good name of North Carolina. Is is
as follows:
while in Raleigh, North Carolina, re-
Gently we were guest at the Yarbor-
ough House, and directly across the
street was the court house surmounted
by statute of justice, scales poised,
dagger in hand and eyes bandaged. Well,
justice in North Carolina is surely blind.
David L. Swain was. a distinguished cit
iZen of that State, Judge of the Superior
Court, Governor of the State, and for
many years President of the University
of North Carolina at Chapel Hill. He
loaned the University trustees the money
with which one of the University build
ings was erected, amounting on January
6, 1899, to $16,463.19, and the State of
North Carolina continues to use that
building while refusing to pay that just
debt. The State has acknowledged its
justice by paying to Rev. Solomon Pool
DR.. A. p. Hepburn, and Col. j. W. Mar
tin sums due them contracted by the
University trustees, similar in character
to the amount due to the estate of David
L. Swain. There is not an honest man in
North Carolina who will not admit that
the State is justly indebted to the heirs
of David l.. Swain, but the State neglects
to make any provision for the payment
of that just debt to the heirs of one of
its distinguished citizens. Surely JUS
tice in North Carolina is bind"
What are the facts? The University
owed Governor Swain $4,000 for money
lent for the purpose of finishing the new
East and new West buildings. We have
salary and advances he made to certain
professors, taking assignments of orders
for their salaries. The papers in the
United States Clerks office will show
exactly how the matter stands. Gen.
Atkins has added much interest to make
the debt so large.
The University before the war, was
allowed by the act of assembly to sub
scribe for 5000, 900 stock in the Bank of
North Carolina. 1t paid for $4,000. The
stock became worthless, but the debt re-
manned and the University became insol-
vent. Under the decision of the court
the buildings, books, grounds, etc., could
not be sold. The part of its property
constituting endowment was sold. How
much of the proceeds Gov. SWANS ex-
executors received we do not know.
OF course the debt of the University
to Gov. Swain, Rev. DR.. Solomon Pool,
Col. Martin, etc, were by the corpora
ton and not by the State But the Gen
eral Assembly thought it right to. pay
DR.. Pool Col. Martin in part. 1t would
seem that the heirs of Governor Swain
have quite as strong claim for the adj
justment of their credits The Univer-
sity, belonging to the State, certainly
has buildings erected in part by his
money But it is not fair to blame the
General Assembly for not going out of its
way to hunt up equitable debts. We are
not aware that any energetic efforts have
been made to bring the matter to the at
tention of the General Assembly. Claims
quite as just have been before Congress
for scores of years without final adjust
ment
If, instead OF advertising that North
Carolina does not pay its debts, Gen. At
kins would file statement of the ex-
act amounts which Gov. Swain advanced,
exclusive of interest, and submit the
claim to the Legislature, that body would
no doubt do what is right about it. In
law, the State is not responsible for a
cent and Gen. Atkins ought to know it.
His article is not calculated to help him
collect the debt his family claims to be
due Gen. Atkins married a daughter of
Governor Swain and that accounts for
his interest. 1t would have been more
fitting if he had in his article stated
that he had personal interest in the
claim.
In his opening speech of the campaign