The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-09-21

of Junior Reserves and month later Cat
IL years of age) he was promoted to
Lieutenant Colonel of the 10th y. c.
Regiment and was with his command at
the battle of Southwest Creek and Ben
tonville, surrendering with Hoke's Divis-
ion Ito which he belonged) in Johnston's
army at High Point and was paroled 2
May. 1865.
He studied law with Judge w. H. Bat
tie at Chapel Hill, at Columbian Univer-
sity, Washington City and at a law office
in Wall Street, New York city. He got
license to practice law in 1867. In 1872
he was a member of the law firm of Clark
d Mullen at Halifax. In November, 1873,
he removed to Raleigh and in January,
1874, married Susan Washington, only
daughter of Hon. w. A. Graham. In 1881
he was sent as the lay delegate from this
State to the Methodist Ecumenical Coun-
ell in London and took the opportunity
to travel extensively through Europe.
In April, 1885, he was appointed by
Governor Scales Judge of the Superior
Court for this district, which was one
of the new districts just created. The
following year he was elected by the peo
pie leading the ticket. He impressed
himself upon the public by his punctuality
and faithful discharge of his duties. The
Supreme Court reports show that soon
after his admission to the bar and up
to his promotion to the bench he had a
large practice. From 1868 up to 1885 he
was a director on the Raleigh and Gas
ton and Raleigh and Augusta Railroads
and attorney for those roads, for the lat
ter part of the time being chief counsel.
On the death of Chief Justice Smith, in
1889, and the promotion of Judge Merri-
mon to the vacancy, Governor Fowle ap-
pointed Judge Clark to succeed him and
he was elected by the people the follow
ing year to fill the unexpired term, again
leading his ticket. In 1894, he was unani-
mously nominated by the Democratic con-
vention. and being endorsed by the other
two parties was unanimously elected. OF
his career on the BENCH it is unnecessary
to speak, as his opinions are we'll known
to the bar, who have so unanimously
stood for his denomination this year. His
dissenting opinions in the office-holding
cases, in which he stood so manfully for
the law when his partisan colleagues en-
deavored to destroy the control of public
offices by the Democratic Legislature of
1899 and bring it into disrepute, are we'll
known by the public at large, as also his
vigorous dissent to the action of the
court in ordering the State Treasurer to
paw claim which the Legislature had
ordered him not to pay. In the impeach-
ment of those judges, which followed,
large majority of the General Assembly
voted for conviction, but the requisite
r two thirds of the Senate not having voted
against them their usurpation went I'M
punished. But it is safe to say that theirN
conduct which had no precedent in Ameri-
can history will never be followed.
The w. and w. r. r. Co. having claim
cd perpetual exemption from taxation for
their main line and all the branches and
property they might thereafter acquire.
Judge Clark wrote the opinion for the
majority of the court denying their right
to any exemption. This was affirmed
promptly by the IT, S. Supreme Court to
the great benefit of the State. He drew
down on mis- head the hostility of GER
tain railroad men by his opinions holding
railroads responsible for killing or injur-
ing employees whenever such killing or in
jury could have been prevented by using
automatic couplers or other life saving
devices in general use on other roads. For
this and other righteous decisions, he has
secured the hostility of certain advocates
of special privileges who are anxious to
replace him by a railroad lawyer.
Judge Clark has written or edited over
6 volumes. most of them since he has
been on the Supreme Court bench. OF
law books, he has issued "Clark's Ammo
tatcd Code, which has gone through
three editions, each time enlarged Also
Laws for Business Men,. "Clark's Over
ruled Cases aud an article of LOO pages