The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03
tST JUDICIAL DIST.
Why Unmake a Solicitor
to Make a Judge? Asks
this Writer.

tam that there VIII NC, Until dlleI llle
election; and yet we hear of candi-
dates for both positions. 1t is settled
that Judge Brown will be nominated
for Justice of the Supreme Court at
the State Conventions; and in that
event there will be vacancy after the,
election. if not before, in the office of
Superior Court judge; and that place
will have to be supplied in some way.
But the term of our able solicitor
will not expire by limitation of time
until two wears hence, and it is not
settled nor "conceded,'' as claimed by
some, that he is to succeed Judge
Brown. There is no other candidate
III opposition to Judge Brown for the
Supreme Court, and consequently
there is no obstacle in the way of his
nomination. and we have simply to
MATT for the formal declaration of the
State convention.
But as to the Superior Court judge
ship, to be made vacant by his eleva-
ton to the Supreme Court, it is quite
different Several candidates have
been mentioned for that position. and
Mr.. Geo. w. Ward, our efficient solic-
itor will not have a walk over by
any means into the office of judge,
though q few men have decreed it;
and unless he is made Judge, then it
is reasonable to suppose that there
will be no vacancy in the office of So
Ecitor, until the next general election
Two years hence. At that time it Will
be open to all aspirants, unhampered
by conditions or contingencies. SO
where is the necessity to unmake
solicitor in order to make u Judge,
when the solicitor is satisfactorily and
successfully discharging the duties of
hi nt
men just as fit and competent in every
respect and eligible for the office OF
Judge. and who have stronger claims
than he has to that honorable posi-
ton.
1t it right to keep one man perpetu-
ally in office, while other men just as
competent and worthy are denied that
privilege simply because they are not
so bold and active in pressing their
claims?
If Mr.. Ward serves out as solicitor
he will have been in office eight con-
secutive years and his office is a good
paying one; and if he is now promoted
to the judgeship and is again elected
at the next regular election two years
from now, and serves out his term, he
viii have been continuously in office
for evolve consecutive years, while
there are other men just as good and
competent as he is in every respect,
that have not been recognized at all.
There are some offices that none
but experienced men can we'll fill, but
serving as solicitor does not specially
Qualify a man for Judge Indeed it is
not best to take a man, red-hot from
the office of solicitor and make hin.
Judge. His cOmmendable and intense
loyalty to the State while solicitor is
apt to burn out, at least part of the
Kindness and humane spirit that
should proceed from the bench.
He ought to serve out his term as
solicitor first, and then go back to gem
eral practice and appear on either side
of cases, until he straightens out ''the
bias for the State which it is said
solicitor always has; and then he will
be better fitted for the office of judge
and better qualified to temper judg
ment with mercy.
That is a general principle that APP
plies to other solicitors as we'll as
To MI Ward But il does apply to
him as we'll as to others.
1t. is somewhat reflection upon the
bar OF the First district to say that we
must vacate the office of solicitor in
order to get a judge. Take for in
stance two men of equal fitness and
competency for the office of Judge; one
a solicitor the other not, and the one
not a solicitor would be preferable as
Judge because he Will go on the bench
not enthused with the prosecuting
spirit
But another reason why Mr.. Ward
should serve out his term as solicitor
is that there are other lawyers in the
district, who are not only as fit and
competent as he is, but who also have
stronger claims to the office of judge.
WhannunJ
and how Judge Browns successor is to
be named, the county of Gates will
present for consideration the name of
H6n. L. l.. Smith for that high and
responsible position. He is a high
toned. irreproachable, Christian gen
tleman. Physically no one is better
qualified to perform the duties of
Judge than he. His Industrious habits
and untiring energy make him fitted
for that position. His logical mind
and dignified manner make him pc
culiarly suited for the work. While
in his nature he is reserved and mod.
est, vet he never allows his convic-
tons of right and sense of honor to
clash.
For the past twenty-five years he
has been conspicuous in helping to
bear the burdens of the Democratic
party, and has never wavered in his
FIDELITY, In every emergency ne has
been called upon and has never failed
to respond. In 1892 the Congressional
convention of the district unanimous
" nominated him as electOr, when the
position was not sought after by any
one: and he accepted and canvassed
the district at his own expense, and
carried it by large majority In
1894 in q time of great emergency the
Democracy of his native county unan-
imously called upon him to become
their candidate to represent the coun-
~ in the General Assembly, and he
accepted and was elected, and with
personal loss to himself, served in the
House of representatives with the
few Democrats that made the best mi
nority fight ever known in the his
tory of Legislative bodies.
In 1896, the Senatorial convention
with no hope of overcoming a ma
jority of 2. 500 in the district, nomi-
mated him as one of the candidates, to
maintain our party organization, and
he accented and canyassed the entire
district of six counties and helped to
SOW the seed that sprang up and pro-
duced the great political revolution of
1899.
In 1901 and 1908 at the request of
the Damocrats Of Gates he again serv-
Cd in the House of Representatives