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

Judge Clark aDand0ned MS FORMER pOllll-
cal associates, jumped on the Democratic
band wagon and tried to take charge OF
| it. In order to make peace with the
Democratic organization he was willing
to sacrifice all his Populist friends and
impeach the men with whom he was
elected on the Fusion ticket of 1894.
Politically, he has been all things to
all men. Prior to 1894, posing as a
Democrat, holding office as Democrat
From 94 to '9S the confidential adviser
of the leaders of the Populist party, still
holding office. In 1898, turning his face
to the rising sun of Democracy, holding
out both hands for more office. Winds
from the four quarters of the compass
blowing salary into his pocket. The
rest of us suffered defeat and went down
in sorrow and chagrin before the unholy
alliance of black and tan; not he. The
Kentucky postmaster who had held on
for thirty years, and explained his stay
ing qualities by saying that it took a
darn smart administration to change any
faster than he could, can learn tricks
from Judge Clark, even as Saul of Tar
sus at the feet of Gamaliel
! am an old man now and my thoughts
often go back to the days that tried
|
the stars and bars with Lee ana jack
son. l have seen deserters and traitors
shot, 1 have seen them pardoned and
restored to the ranks, but l have never
seen nor heard of one who was put in
command of the army. The experiment,
if made, will prove as disastrous in poll
tics as in war.
2. He is not morally fit for the place.
obor hot IuIu ri hac in
judgment on cases which he himself had
previously instigated, and concealed his
connection with them. 1t is we'll known
rule of law that a new trial may be
had if one juror out of the twelve can
be shown to have had any interest, how
ever remote. in the case; or, to have
formed and expressed decided opinion
about the merits of the case before the
trial Yet here we have a judge of the
court of last resort instigating cases with
full knowledge that they would come
up for hearing in his court and hiding
his connection with them gravely sitting
in judgment on the very cases he him.
self had inspired, and writing judgments
and rendering decisions with all the in
Locence of virtue There is no parallel
in the history of the judiciary in North
Carolina
l charge that Judge Clark prepared a
paper which was submitted and rendered
, for the use and approval of Governor
Russell, giving the reasons for the re-
mcval OF the two Railroad Commission
crS, Ohio Wilson and myself when he
had every reason to know that the mat
ter would come before him for decision
as Associate Justice of the Supreme
Court of North Carolina; that this paper
was prepared by Judge Clark after per-
sonal conference with Governor Russell
ard Senator Butler; typewriter. with
frequent correction and interlineatons
in Judge Clark's handwriting; that after
the Railroad Commissioners were re-
moved by Governor Russell, and while
; thuey were resisting such removal in the
court, Judge Clark wrote in his own
handwriting a letter to Governor Rus
SELL of which the following is the sub
stance:
There was first memorandum that
the letter was confidential, or q request
to destroy 1t then stated that he (Judge
Clark had previously sent to the Gov
ernor a paper giving the reasons for the
removal of the Railroad Commissioners
that the paper was in typewriting, but
had interlineations in his Judge Clark's)
handwriting; that the paper had not been
adopted by the Governor, but he now
heard that the Commissioners intended
to object TO his sitting on the case wher
it came up for hearing before the Su-
preme Court, therefore it was important
to destroy the paper referred to. as Il
was the only evidence of his connection
with the matter, and requested Governor
Russell to destroy the paper, if in exis-
tence, and to destroy the letter.
At that time l had no valid proof that
Judge Clark had acted as promoter OIL
4 stigator of my removal, and could not
therefore object to his sitting on the
, case. Having, as he thought, removed
the evidence of his connection with the
case in its beginning, he did sit in judg-
ment on the case, wrote the opinion OF
the court removing me from the office
i and was particularly active in having
the Marshal seize the office by force OF
arms, thus depriving me of my office
pending an appeal to the United States
- Court.
If Judge Clark cares to deny any of the
, allegations / have made, full proof o.
! my charges is in reach and will be pro
duced.
In like manner 1 charge that he in
spired or originated what is known as the
free-pass indictments, and afterwards sa
on them in judgment How many other
cases he may have originated or sug
sested and afterwards adjudged there i:
no way of finding out but enough i!
known to warrant the belief that there
have been very many.
In the Gattis vs.. Kilgo suit, heard
at this term, his connection with tht
case was so plain that it could not bt
hid. therefore he refrained from sittins
or it. In Jackson VS.. Corporation Com
Y mission, heard also at this term thu
reverse is true; it was hid ESQ HI
: thought) and he sat on the case. Re
!, Continued on Page Six.)