The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1907-11-06
APLACs ON TIE BENCH At STAKE.

In an editorial article elsewhere re-
produced, THE MANNING TINES de-
.cIares that lit has it from several
sources that the friends OF the Hon.
T. p. Cothran, OF Greenville, are max
ing very energetic campaign to de-
feat the Hon. Eugene B. Gary, Asso-
ciate Justice, for reelection. Ihls IS
important if true, though we lancs
that the en6eavor is TO elect w
Cotb-ar rather than 10 defea1 -Ni'
Gary. ,o
The News and Courier has SAID more
than once in the past tha0 Jouses,
whether of the circuit or supreme
banch shonld not be defeated except
for conse In the early nineties when
eo r,sov iuGoes who had rendered dis
-,nn,,ishsd service to the State were
Sa+eo.a0 because they were not mem
hers Of Capt. .B.R. Tillman's faction. The
News and Courier protested that the
iud;ciarr of the State would be long II
recovering from the malignant o!ow
struck at its Independence. That the
Judges be made to feel that they are
immune from the passing changes OF
popular feeling is of the highest I'M
portance if we are to expect the laws
to be expounded without prejudice or
bias. OF such a change n feeling the
late Hon. Samuel MCGOWAN was the
victim and Associate Justice Eugene
8, Gary the beneficiary. Whatever
NAV be Mr.. Garv,s political fate, be
will be estopped from complaining. 10
accerc defeat would be 70 swallow his
own medicine. Happily. though, the
violent rancor or selhshness which
moved the Legislatures fifteen years
ago rapidly passed: the late Chief JUS
tice McIver was spared expulsion from
Office. and later lawyer never ldentl-
fed with the Tillman faction, was add.
ed to the supreme bench. The general
result OF reelection in later years has
been the steady improvement OF the
entire judiciary system OF the State
though one or two circuit judges have
been defeated.
In our opinion, the supplanting of a
second-rate Judge by lawyer VINO
towers head and shoulders above him IS
not worth the shock that the whole
system feels from the formers deieat:
ana this, Of course, we remark without
reference to the brewing contest be-
tweey! Mr.G Gary and Mr.. Cothran: we
are discussing principles, not iudulg-
ing odorous comparisons. We are sure
that 10 defeat any Judge on the ground
that he consented to oppose and defeat
an incumbent fifteen years ago would
be to reopen and indame the wound
dealt the Judiciary in those years.
TITS sentiment OF our Manning con-
temporary, we particularly endorse:
Unless it can be shown that Judge
Eugene B. Gary is not qualified either
by reason Of incompetency. ncn-attend-
ance 10 his duties, or dishonesty, he
should not be displaced simply to give
some other lawyer a high position. J"
Moreover. if there are charges against
Judge Gary Or any other Judge (cer-
tainIv we are prepared to make or hint
none. they should be brought forward
affirnativeiy and candidly so that they
might be met squarely and disposed OF.
II a Judge is to be defeated, it is best
for the State and the people TO know
the reason why, and that the issue be
fought out" so that Ehisperings in leg
islative lobbieS and committee rooms
shall have no part in affecting the re.
suit. This sort Of fight would be un-
pleasant, but it would be better than a
sulkiug ight,-one that would not be
conducted by the friends OF I, ?. Goth
ran with his approval
Finally, if Judge Gary should be de-
feate6 he would have to thank for 1t
such tactics on the part of his friends
as are illustrated in the insinuation Of
THE MANNING TINES that railroads
and corporations are at the back OF
Mr.. Cothran's candidacy. 1t happens
that Mr.. Cothran's reputation as an
honest lawyer, and a gentleman OF con-
spicuously pure and upright conduct,
is so we'll entrenched in the minds Of
legislators that the suggestion that he
woulG be biased as a Judge to favor a
corporation. however loyal to 1t he may
have been when it was his client, will
be spurned as beneath contempt
There are few lawyers in this State OF
attainments fitting them for the bench
who have not had corporations for
clients.-News and Courier.
We do not think our editorial
relating to the attempt being
made to defeat the reelection of
Judge E. B. Gary warrants the
News and Courier in raking up
what took place ';in the early
nineties when so manyjudges vino
had rendered distinguished SER
vice to the State were defeated
because they were not members
of Capt. 3. r. Tillman's faction;
conditions are not the same at
all. The entire State is at peace,
there are no factions now, and
we are glad of it. 'sIn the early
nineties," the period which the
News and Courier would with
Remember the Maine" tactics
remind the general assembly,
now largely made up of the for
mer conservative faction, there
had Just been a political revolu-
ton in the State;peopIe were ex-
cited and lost their heads, many
through implicit faith followed
blindly and were misled, things
were done then that in the cool
ing time was regretted, it was a
mistake which all wish to forget;
that this is true, look at the bench
of the State to-day and see how
many Of heformer conservatives
are there, the last two governors
belonged to the conservative fac
ton, and, from every county in the
State that faction is represented
on the delegations in the general
assembly: therefore we say, it is
wrong to blow up the dead en-
bers by recalling them, even if
such intention is disclaimed.
TNl,~ L Tho