The gold leaf., 1909-10-21
A Confederate on the Bench.
Wilmington Star.

JONES III the attempt To put into exc
cution the stringent railroad and
prohibition laws passed by the State
Legislature. The scene is laid at too
great a distance and the points OF
controversy are too little germain to
North Carolina for space to be given
to explicit statement OF the matter ut
issue Suffice it to say that Governor
Conner is still fighting against hope
against the construction of the law
laid down by the Supreme Court of
the United States, and that Judge
Jones is proceeding with -calmness
and determination to enforce such
construction. There is, of course, the
usual cry OF usurpation by the FEEDER
al judiciary OF powers belonging to
the States, and if the militant COVER
nor has his way, there will be result
ant friction and bad feeling amoug a
large class of the States population.
Our reason for touching on this con-
troversy, however, is not to enter
upon a discussion of it's merits, but
toproduce with approval the thought
full words of the New York World,
representing Judge Jones:
"lf we look into the careers of the
two men we may find an explanation
OF their present attitude The Gov
ernor, named for a Confederate gen.
eral, was a boy during the civil war
The Judge, a sOldierin that unhappy
time wounded more than once and
an officer on Gen. Gordon's staff was
the man who bore the Southern flag
OF truce at atAppomattox. He has been
a Federal Judge since 1901. A true
Democrat, fine old ex-Confederate,
wise and fearless magistrate, de-
voted to the Union as well as to his
State. Judge Jones recognizes, sup
ports and justly wields in a measure
the authority to which at tho end
OF bloody strife he surrendered in
1865.
"When Governor Conner learns, as
Others similarly y situated have done
that States, even in pursuit of worthy
| objects, cannot override national
law, he will have less trouble with
Judge Jones. In the meantime the
spectacle of one of Lees veterans
calmly enforcing nationality from the
bench connot fail to carry an impres.
sive lesson in republican government
to every part of the nation"
1t takes a large soul to accept a
condition. Ii takes a deep conscience
to concede to practical results OF the
inevitable. 1t takes true fighter to
recognize defeut only for the purpose
of shaping it into victory. What
Judge Jones is doing, the South as a
whole has done. He is cOnceding Ap-
pomattox. He is conceding the re-
suits OF the fourteenth and fifteenth
amendments. Why should he not
concede them? Why should he not,
like a brave man, recognize facts that
he cannot help and make the most OF
them? There would have been no
''New South had there been any sulk-
ing in the tents by those who, bat
tling for a cause for which they died
in profusion and suffered even more
than death, found themselves at the
end defeated and impoverished. There
is a higher cause than political prin-
ciple; when that cause came to be
subserved the South faced it more de-
terminedly and with greater success
than it faced the political crisis that
made it into live and continuing
issue. The fifteenth amendment has
been all but Dullified, because it
touched the homes and the woman
hood and the civilization of a people.
Passed in rancor, it could never he
Obeyed in fact. Yet the same Federal
courts that are so much abused for
their adherence to the fourteenth, are
responsible by their policy of liberal
construction of States rights for the
abrogation OF the fifteenth amend
ment. They have observed the die
tinction and, practically, il not in
terms, allowed it. With the New
York World, it seems to US fine
thing that the era OF nationalism, de-
creed at Gettysburg and ratified at
Appomattox, should be finding one
Of it's most sane and judicial ex-
Founders in the person OF the very
bearer of the flag OF truce that rep
resented a still unconquerable civili-
zation's acceptance-within the limi-
tations of it's honor-of the judgment
OF fate.
Personally, we would have been
pleased to see the decisions OF the Su-
preme Court OF the United States up
hold the spirit OF the Eleventh. Amend
ment. We are yet sufficiently imbued
with the tradition OF the Confederacy
| to sigh involuntarily at the spectacle
of the Federal judiciary taking juris-
diction of criminal actions pending in
State courts and staying by iniunc-
| tion State executive action. But We
| realize that the letter of the Eleventh
is impossible in the spirit of the Four
teenth Amendment to the Constitu-
tion. That section was sustained
which wac sanctified with the blood oi
both sections. When the point was
open. there was perhaps excuse for
"near-reyolution." Now that it is de-
cided. the less the talk, the more
cheerful the acquiesce, the better.
| Politics have from time to time
given to the South Federal judges
puny, impatient and with the petty
tyranny inseparable from small men
in places OF power. But the principle
has remained, while the personnel was
debauched. Now, the personnel is be.
ing fitted to the power. In this case
OF fudge Jones, the example ofa brave
Confederate standing for a national
policy is worth yards OF oratory and
volumes OF homily.
Money Comes In Bunches
| to A. A. Chisholm, OF TreadweIl, y. T., now
| His reason is well worth reading: For q
long time l suffered from indigestion, torpit
| liver, constipation, nervousness, and genera
| daI;l;tv he -rifas ssT aouIdn,t 4 sheer, haf