Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1915-05-06
JUDGE CARTER WAS HARSH BUT
IS ABSOLVED OF BAD CONDUCT

Raleigh, N. c., April SO.-The report
Of the legislative committee in the
Judge Carter-Solicitor Alternately case
filed this afternoon. absolyes Judge
Carter from all charges rejecting on
his moral character, but finds that at
various times he acted harshly and
arbitrarily; unwisely exercised his ju-
dicial discretion, lost his temper and
used Incorporate language, but. at no
time acted corruptly. Solicitor Aber-
nathy is said to be entitled to have the
! contempt records entered against him
on the minutes Of the Craven county
court expunged insofar as they reflect
on his official conduct or private char
acter IL there is constitutional authori-
ty found.
All Members Sign.
The report, signed by all members
OF the committee, filed with Governor
Craig about 5 o'clock consists of thir-
ty-seven typewriter paragraphs. In
a preliminary reference to Judge Car
ter 1t says: ct is in evidence and the
committee SO finds, that Judge Carter
had a serious nervou collapse and
breakdown just before he went on the
bench and that since his incumbency
of the ~judgeship he has had an occa-
sional return of nervous disorder
which, in the opinion of the committee,
seriously affects his temperament, pro-
vokes irritation and a arrangement of
his accustomed mental equipoise:
that since he assumed Office he has
held court in ffty-six counties of the
state and while holding courts in at
least six of these counties, he has x
hibited SONS evidence of a return of
his nervous troubles.
Course Not Indicated.
The committee does not indicate
what course Alternately should take To
clear the contempt records at New
bern of any reflection on his official
conduct and private character, which
the committee holds that he is entitled
to have. 1t is understood that the
idea entertained is that a bill in equity
can be brought by which the court can
make an order for the correction of
the entries to this end.
Concerning the charges against
Judge Carter of immoral conduct with
women the report says:
THE committee heard and consid-
6T6Q ill 0NIuCAC0 Wu1Cn II Hd0 dOAO W
discover or elicit, and finds that the
! rumors concerning these allegations
are without foundation and that the
charges are in no wise sustained, and
the committee promptly notified Judge
Carter Of its. conclusion at the close
Of the evidence, relating to this charge.
| The committee finds that there were
widespread rumors of the nature out
lined in the resolution introduced and
that their existence impaired the. use
fulness Of Judge Carter and called for
an investigation; the committee
trusts, however, that these rumors are
now set at rest"
The committee reviews each OF the
court incidents, particularly in Samp-
son, Wayne, Harnett, Craven and New
Hanover counties, finding criticism for
Judge Carter in all and closing this
section Of the report with this COM
ment; that on a number Of other oc-
casions the judge displayed anger and
impotence toward attorneys, jurors
and officers of the court, but as to the
cases not hereinbefore separately con-.
sidered> the committee is of the opin-
ion and so finds that while the judge
was in some instances impatient, irrit-
able and harsh, his conduct was not SO
oppressive as to be substantial contro-
vention of the rights of the parties in
the premises"