The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-04-29
THE ooNrEs1rT CASE.

The Messenger took occasion some
days ago, in commenting on the unfor-
tunate and deplorable controversy
which has arisen between Judge PEBBLES
and the bar OF Lumberton to suggest
that 1t would be proper for the con
tempt proceedings which the judge has
declared his intention to institute should
be heard by some other member OF the
bench h the judge directly interested
and whose honor and integrity as a
high judicial officer will be involved.
The Messenger. we think. was the first
paper in the state to make this sugges-
ton. We are glad to see that the idea
has been endorsed by other prominent
papers in the state.
The Raleigh Post OF las Sunday. af-
ter quoting from The Messengers edi-
torial on this matter gives its sugges
ton the following endorsement:
We fully concur with The Messen-
ger. not only that the situation is a
most unfortunate one, but that Judge
PEBBLES should not undertake to adju-
dictate he matter himself. May we
venture to suggest that President Pru-
den OF the state Bar Association be re-
. ~ aRROA@ - " liza
body to thoroughly inquire int and re-
port thereon to the association when
IL meets in June? We are sure in the
first place that any committee Mr.. Pru-
den would select would not only be a
good one. but would act, and its action
would be accepted alike by Judge Pee
bles and the gentlemen of the bar of
Lumberton. AS The Post a SAID be-
fore, besides deprecating the matter as
most unfortunate, we believe an eyre
gious mistake. based on misinformation,
has occurred, and we believe upon a
proper investigation will be properly
corrected"
The News and Observer of yesterday.
without mentioning n other paper as
suggesting this mode OF settling the
matter gives it it's endorsement in the
following
Cumberland superior court convenes
May End. 1t is then that action will be
aiken by Judge PEBBLES with reference
to h alleged contempt of the Robson
county bar. The Whiteville News says
Judge PEBBLES told a member of the bar
that the only reason he did not act at
Columbus court was hat he had been
and was still suffering from a painful
trouble. but the Lumberton lawyers will
be positively arraigned Providence
permitting at Fayetteville Monday.
May End.
1.-The opinion of the press is almost
unanimous, if this matter is to be heard
judicially, the hearing should be before
some other judge. No man is compe-
tent to pass upon his own case. or in
a case in which he is greatly concerned
with perfect impartiality."
On this same subject The Robesonian
published in the home town of many OF
the LAWYERS involved saws regarding
Judge PEBBLES trying this case:
1.-The action of this bar in declining
to try the cases on docket before this
official was no reflection whatever or
the judiciary of the state, but was
atty OF Judge PEBBLES. 1t would be
almost beyond the possibility of judic-
ial fairness that he could hear this case
and render a verdict untinctured by
| personal feelings. 1t strikes us that in
so doing. he is placing himself in q
| position to become the subject Of ad-
verse criticism"
The question has been raised as tc
whether any other judge can try the
case. 1t may be that under the statutes
of this state Judge PEBBLES would have
the right to claim for himself the in.
v~estigation Of this charge of contempt
But it can hardly be that this matter
could not be judicially determined by
some other judge by the consent of both
sides, and we do not suppose that Judge
PEBBLES would insist on being the judge
in his own case simply because the law
permits it. when another can be sub
stituted in his place by his consent.