The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-06-03
Ghs Messenger.
THE CONTEMPT CASE.

We are glad hat Judge PEBBLES de.
cided on Saturday last to remove the
contempt case before Judge Brown for
a hearing. It is a great pity that he
did not take this course at first.
It would have caused greater pub
lie faith in his desire to have
a fair and impartial decision OF
the controversy. Judge PEBBLES an
nounced that he had made an exhaus-
tive search of the law books on this
question and had come to the conclu-
sion that no other judge but himself
could try the case. There has been
no alteration in the law of contempt
inc then. II it is right and proper
now that The cas- should be transfer
red to another Judge it was so when the
first motion Of the respondents was
made. Judge PEBBLES conduct I'm re-
gard to this part of the proceeding is
no calculated to gain sympathy for
him from the public. Many will think
that IL he could remove the case at
this stage he could have done 50 at
first, If he had so desired. Had the
JQu6c dhC lDlS dCltOn lICn hc WOuIu
have saved himself much severe criti-
oism from the press and the general
public.
The Judge has also beer unfortunate
in some Of his other contentious with
the parties on the other side of the
a s wherein he first commended against
them and after much heated discus
sion and the stirring up Of bad feel
ing has yielded-notably as to the
place of hearing n as to the placing
on the record the fact that certain
charges against him had been made
an issue by his own direction.
1t is very unfortunate that this con-
troversy has been raised. 1t is unfor-
tunate for the judge, for the Lumber
ton bar and for the state judiciary.
1t will tend to destroy Judge Pee
bles' usefulness as a judge, no matter
how the case is finally decided. Should
the case go off on technicalities or
points of law there will be many who
will ever believe that these TECHNICAL
ties saved the judge from a finding Of
facts which, while apparently only
saved the respondents from punish
ment for contempt, also saved the
judge from the humiliation of having
the contentious of the respondents
sustained. Should all facts be found
and the law interpreted against the
respondents and they r sent to jail
and fined there will be created an inn
mense sympathy for them which will
react upon Judge PEBBLES and in a les
Ser degree upon all the other judges on
the bench in the way Of creating a hos
tile feeling against the whole bench Of
the state and a jealousy of the judges
summary powers. A finding Of all the
facts in favor of the respondents
would, Of course, necessitate Judge
PEBBLES retirement from the bench.
We think these propositions are in
disputable, and, therefore demonstrate
how unfortunate it is that the conten-
ton has arisen.
The members of the Lumberton bar,
being unwilling to try their docket be-
fore Judge PEBBLES, had h right to
continue their cases, blu they should
not have heralded to the world the
reasons, SO derogatory to the reputation
of a member of the state judiciary, for
so doing. This was not the first time
members of a bar in this state have
continued a docket because they did
not want to try it before a certain
judge, but heretofore it has always
been done in a way not to efiec on
the judge or to subject him to public
criticism. Had the Lumberton bar fol-
lowed these presidents, or had Judge
PEBBLES not fallen into a passion, as
appearances indicate that he did, and
had he acted in a name more becom-
ing the dignity of his position, there
would never have arisen the present
state of affairs which must be depiored
by all persons, whether siding with the
judge or respondents.
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