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

Reply by W. Il. Bachelor to the Cir
culnr Letter as Maj. Jas. w. Wilson
ON Justice eaark.s Omcial Record.

Mr.. Editor: II has been the imuIe-
mortal privilege of a sutton who loses
his case to "cuss the court" but the
late pamphlet signed by Jas. W. Wilson
abuses the privilege. He not only cusses
out the wrong judge for Judge Doug
las mot Judge Clark as Major Wilson
states) wrote the opinion which Is an
elaborate one, covering thirty-two pages
and can be found 12l n. c. Reports.
pages 44s-4So, but with unparalleled
cheek he assumes that his charges, abso-
lutely unsustained by n tide of proof,
are TO be taken as true unless Judge
Clark disproves them Such a course
is SO contrary to the most elemental
principles of fair play and justice as to
need no discussion with any fair mind
ed man.
The whole performance is but the rep
etition OF a similar scene which so sig
nally failed at the Impeachment trial.
1t is now ~rehaarSed, with blowing of
horns and beating OF drums by the
Dan Russell-Jim Wilson-Southern
Railroad Combination" with the addi-
ton only of several well Known railroad
agents as chorus boys. In fact the ar
ticle was concocted at 4 meeting of rail-
road agents and attorneys recently held
in this city.
1t is here stated on the authority o.
the highest character, from the section
in which Major Jno. ID. Shaw lives that
he left home to attend hat meeting: He
said there had been a meeting to bring
out an independent candidate against
Judge Clark, which he had not been
able to attend, but now some papers
had been found against him which
would ruin him, and that he was going
down to Raleigh Ito fix up the matter
and defeat his nomination. About the
same time Major James W. Wilson left
Morganton, making very nearly similar
statements to some friends OF his as
is vouched by a letter from a we'll
known citizen of Morganton. The files
of the Raleigh papers show an unusual
gathering of railroad lawyers in Raj
eigh at that time. The combination to
secure control OF the supreme court
of the state, and to reform and revise
and change the decisions OF that court
which are repugnant to the corporations
because fair and just to the public,
sought to find the best mouth-piece for
their purpose n alter considerable
hesitation selected Major Jas. w. Will
son. Knowing that q judge could not
go into a newspaper controversy, these
conspirators thought they had Judge
Clark at a disadvantage by Offering no
proofs which his friends could answer,
but simply making charges without
proof, and calling upon him to answer
Their oject was to embroil him person.
ally in a newspaper squabble, keep it
up no matter wha he said in reply till
the convention and then say 1t was be-
meath the dignity of the office to nomi-
nate such a man for Chief Justice.
They had lately used Mr.. Page, the
president Of one of the subordinate rail-
roads (who by the way voted for the
republican candidate for president,
| both in 1896 and 1900 to Oppose Judge
| Clark's nomination by the Democratic
party. His attack a specified the
| proofs of his charges and had therefore
been promptly and e~ffectually answered
by Judge Clark's friends. 1t was at
first thought that Page should again be
used as their mouth-piece and he had
bOaSted that he would issue his
pamphlet, which can be proved by a
we'll known lawyer of mis- county and he
| avowed his knowledge of its contents
| and it's being forthcoming in n of his
many recent visits to this city.
But it was thought prudent, in view
| of the failure of his previous attack TO
use another and it proves a more for
tunate selection for if ever a piece of
goods bore a hall mark, James w. Will
SON bears in his whole career for long
years past the trade mark Southern
Railroad Company-their man.
The article starts out with a state
ment by the nominal writer, Mr.. Will
son, that Judge Clark had done him a
wrong in writing an opinion In his case
(Which the record shows was written by
Judge Douglas), and getting hotter and
hotterit winds up by saying hat he has
no malice. This is a fair sample of the
Inconsistency and ~inaccuracy that per-
vades the whole Of the joint production
Of the eminent railroad attorneys. In
49, ls-I& - - - ~,@o 80 x-artt
ton, let us examine the charges: First
they attacked Judge Clark's party feal-
ty. 1t is alleged that he was endorsed
by the populist convention of 1894, and
did not decline the endorsement, while
Judge Conner did. Let us see how the
truth may be: The populist convention
met the 1st day of August, 1894. Mr..
Butler had conceived the idea that he
could achieve some popularity for his
new movement by adopting the plan OF
dividing the judges between the two po-
Iitical parties, as is the custom in Illi-
nois, and several other stat*s. In pur-
suance of that idea, the populist con-
vention passed a resolution that they
would cast their ballots for Faircloth
for Chief Justice, Furches for associate
justice, and "for Judge Walter Clark to
succeed himself, as associate justice,
and for Henry G. Connor 10 succeed
Judge Armstead Burwell, as associate
| justice Two We'll KNOWN ueIlOCIdlS
the two other gentlemen being equally
we'll known republicans. Judge CLARK
was at the supreme court room when
he heard news Of his endorsement and
as 1 learn from Hon. b. r. Lacy. oui
present public treasurer, he immediate
ly sent for him and Hon. T. M Sim
mons. then and now chairman OF the
state democratic executive
and nov senator, Judge Clark stated &c
them so Mr.. Lacy saws. that he was
surprised, and said that the next day
he would come out in such card az they
thought proper declining tne endorse
ment. or he would take any Other
course they thought proper. Chairman
simmons advised his not declining, say
ing that he thought Judge Clark would
probably be nominated for associate
justice by the democratic convention
the following week., and that il was hi:
duty to his party to obtain all the vote:
possible for the candidate OF the demo
cratic party. Judge Clark told him n
had carte lanch 70 write what h
thought fit mo proper. 1t was though
hest To mt il in the form of an inter