The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-04-30
JUDGE WALTER
CLARK DEFENDED
Continued from Page One.)


oanvassed and contributed literally Of
his means to party success. What record
can Major James w Wilson show in
this respect? Has he not held office
under every political party in North
Carolina since the war? Is there nothing
in the Fraud Commission touching his
dealing with Swepsor and Littlefield in
their performance in days of high Re
publican rule?
1t is charged in the pamphlet against
Judge Clark that he declined the Demo-
cratic nomination for Governor. which
he did because of his lack Of means. as
he stated at the time, to fill the position
with the dignity due the State upon
the then insufficient salary OF that office
with young family to be raised and
educated. 1t was suggested by his
friends, not by him, that ne could re-
main on the bench and be elected WITH
out canvassing This had been done the
year before by Chief Justice Iurney,
of Tennessee, who had been elected Cow
ernor without canvassing and without
resigning his position of Chief Justice,
and the same thing had been done in
New Jersey This movement was espe-
whose principal desire then. as now,
was to get Judge Clark off the bench.
NY recollection is that Judge Clark did
not favoN the proposition himself, and
only agreed to it If the convention de-
sired it, their judgment was also to the
contrary, and that excellent gentleman
and sterling Democrat, Cyrus r. Wat
son. was nominated and defeated The
history Of the Court since that date
shows that Judge Clark rendered a real
and substantial service to the public by
declining to leave the bench. So much
for the charge of party fealty. judge
Clark has never been a partisan on the
bench, but in his opinions and his dis
senting opinions, especially in the OF
holding cases." he has shown that
in the construction of the Constitution
and all matters touching the inherent
rights of the people and their right to
voice their sentiments, through their
Legislature he has chung to the faith of
our fathers
The charge that Judge Clark was
candidate for Senator by the Populists
against Senator Butler in the Legislature
OF 1895 is So puerile that it must be one
own selection. If anything was well
known in the campaign of 1894 it was
that if successful Pritchard and Butler
were to be the Senators and it 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 No suggestion of
Judge Clarks candidacy was then heard
of and if it We're true would the Demo-
crazy the following year have rendered
him the gubernatorial nomination and
endorsed him for President? There
are some things so extravagant that even
inveterate malice and ncipient dotage
should not be made to assert them.
Next comes the charge that he is
morally unfit, which will astonish the
good people of North Carolina. The
specification is that he has sat on cases
which he has instigated to be brought
This charge is not only made without
proof to sustain it, but proof to the con-
trary is readily accessible to 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, 122 N. c., 1882
which was instituted by the grand jury
in Wake county, the bill drawn by Solici-
tor E. w. Pou, the present member OF
Congress from this district, and the
opinion in the Supreme Court was writ
ten 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. c., 666,
from Burke. The bill in that instance
was drawn by Mr. Spainhour. the pres
ent solicitor of that district The
charge to the jury was made by Judge
Stevens, and the bill was found by the
grand jury and upon evidence of wit
nesses not one of whom probably ever
saw Judge Clark. The result of these
cases We're to put some three thousand
dollars into the school fund. The only
other case mentioned is 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 $1oG, 000, 900 which till
now has been wholly exempt from taxa
ton. Senator III. S. Ward, who insti-
tuted the action as attorney for Sheriff
Jackson, has stated in most unequivocal
terms over his own signature in the
public press, that Judge Clark had moth
ing whatever to do with the instituting
of that proceeding. He is a gentleman of
the highest character and needs 10
voucher The Judge who charges a
grand Jury to indict those who commit
murder or larceny, or other offences
against the law. cannot be said to insti-
gate the proceedings, in such sense that
it is improper for him to preside at the
trial of those against whom true bills
have been found by the grand jury I'M
der his charge. Judge Clark has the
courage of his convictions and no doubt
stated publicly that the law against free
passes was on the statute book and
ought to be executed, and he certainly
also stated that if the law taxing the
railroad franchises was to be enforced
property of this kind worth 800, 900, 900
ought not to remain untaxed while bur-
dens of taxation were being borne by
the farmer, the merchant and the manu-
Of ha lie