The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-04

bles desire to crafty any malice or
i'll will / am not going to make an
impassioned speech dictated by spite
or rage. Mine is feeling of regret
for the unseemly aspect of this affair
which has gone SO far. There
is no safety but in the unuues-
toned majesty of the law. There
is no protection for the helpless, no
guarantee of the possession of the
strong, no rule for the right no simili-
tude, except in the full operation of
the majesty of the law
The question involved here con-
Germs us directly, and indirectly the
peace and welfare Of everybody. The
people receive their Interpretation of
the law from us primaril, and on us is
the obligation imposed.
"YOu are the mouthpieces of the
law. The law speaks through the iu-
dietary and the judiciary alone. The
judiciary are more powerful in determ-
lining the condition of prosperity or
misery, woe or happiness than any 9TH
err A member Of the legal profession
is elevated to a seat upon it, had i'm
posed upon him the obligation to in
terpret the law, he still is a man, and
has his foibles. If a Judge should err,
and they err every day; err in con
tormity and rule, of propriety, forget
they are the direct ministers of God
and return to the ordinary condition
of man, it is not upon us to cenSure
them. They need no censure. The
judiciary or North Carolina are as dig
nified. conscientious and able to dis
charge the duties conferred upon them
as any men on Gods earth.
Il will address myself briefly to the
law involved in the case. They have
said that. in the first case, Judge Pee
bles haa no jurisdiction in the action,
and state their reasons. This is a
semi-criminal proceeding. It is an ac-
ton at law instituted for the purpose
of ascertaining whether the respond
ents are guilty of punishable act. |
cite our Code, section 1894. That
states our answers to the objection
that the rule was brought in the
wrong county But Judge PEBBLES said
if YOU say this is IN the wrong county,
| will move it to Robson county,
thereby conforming to the law. In
Cloud VS.. station, 1885, by virtue OF
the fact that he was holding court IN
Cumberland he moved it when request
ed TO Robson, he complied with the
law.
'"rhey say the parties should be dis
charged because the court had no Jurls-
diction of the subject matter, and
therefore the court mad no authority
TO punish as for contempt. That is
not the right Interpretation OF the
law. If he committed an error as TO
the extent of his jurisdiction that does
not take from him the authority to save
himself from contempt.
.''rhe cases the other side quoted
there is not one in which this Jurisdlc-
uon question has arisen where Judg-
ment was not renoered in the case
itself. | find an authority which es-
tabGshes the jurisdiction of the court
in the main cause. The court may not
have power to decide upon the merits
of the case. but it did have JurlsdIc-
ton in wrongs passed in his court
Judge PEBBLES necessarily had the
power. whether at the time he made
an error in jurisdiction or not. Ihey
saw that Judge PEBBLES had no Jurlsdlc,
ton because OF the wrong venue.
cite sections 654 and Csc and 64S, on
contempt. and in los and ITO, 553
which exclude certain cases. But we
have authority just the other way. Inc
court must have some means by tax
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