Page:The Green Bag (1889–1914), Volume 04.pdf/621

1848 to 1852, and left an abiding recollec tion of his faithfulness and ability among the people of that section. He was nominated for Congress in 1858, but declined the nomi nation. During the war he was a member of the Confederate Congress from his district, and was then elected to the Confederate States Senate. In 1868, in "Reconstruction days," he was Democratic candidate for Gov ernor, but was defeated

by Governor Holden. In 1872 and 1874 he was elected to the United States Con gress, and served upon the Judiciary Commit tee. He was one of the committee of three which was examining James G. Blaine as to the Credit Mobilier when further exami nation was stopped by Mr. Blaine's illness. In 1876 he was elected a justice of the Su preme Court of North Carolina, to succeed Judge Reade, and in 1886 was nominated by acclamation and re elected, being then in his seventy-fifth year. JAMES C He was second to few men on the bench. He possessed excellent qualifications for a judge. But both ability and experience are necessary in creating 'a great judge. He was in his sixty-seventh year when he first went upon the bench. Judge Ashe's opin ions are good specimens of strong nervous English. His opinions are to be found in sixteen volumes, 80 N. C. to 95 inclusive. Among these may especially be read State v. Bowman, 80 N. C. 432, as to the con struction of the constitutional provision in regard to the ridings of the judges; Whitaker v. Smith, 81 N. C. 340, which holds

that an overseer is not entitled to file a laborer's lien for his services; Taylor v. Harris, 82 N. C. 25, which construed the computation of time as to the services of a summons ten days before court. Tabor v. Ward, 83 N. C. 291, rules that retroactive laws involving no criminal element are not unconstitutional. Hester v. Roach, 84 N. C. 251, is a construction of the Mill-dam Act. Wharton v. Moore, 84 ^^^^^^^^^^^^ N. C. 479, is a dis| cussion of the doc trine of betterments. Katzenstein v. R. R., Ib. 688, sustains the validity of the statute imposing a penalty up on railroads for fail ure to forward freight. State v. Knight, Ib. 789, holds that indict ments for the higher offences should not ordinarily be quashed, and has been recently cited with approval in State v. Skidmore, 109 N. C. 795, and State v. Flowers, Ib. 841. Wilmington v. Macks, 86 N. C. 88, sustains the validity of a town tax upon MACRAE lawyers. Keeter v. R. R., 86 N. C. 346, rules that it is the duty of a railroad company to provide a sufficient number of cars for the prompt forwarding of all freight. The same doctrine has since been applied by the court to the furnishing of cars for passengers in Purcell v R. R., 108 N. C. 414. The right to an order of restitution when a judgment is reversed is laid down in Boyett v. Vaughan, 86 N. C. 725. Cumming v. Bloodworth, 87 N. C. 83, holds that there can be no lien upon the homestead for materials furnished. Muller v. Commissioners, 89 N. C. 171, defines the duties and powers