(after stating the facts). We reproduce, as due to the presiding Judge, so much of what he said, as gives his reasons for fixing the fine at the sum mentioned. “ It appears,” he says, “that the defendant keeps, and has kept for years, a gambling-house in the city of Raleigh. In defiance, and with a profound contempt of the law, he has kept it open, next door to the principal hotel in the capital of the State, and immediately opposite to the United States Court House and Post Office, and under the very shadow of this Court House. That his contempt and defiance of law might be lacking in nothing, he has caused the front of his building to be painted a glaring red, to advertise his business by day, and an electric light is suspended to point the way by night. His illegal traffic has been profitable, for it seems that, in a short time, he has been able to accumulate enough to pay $13,000 for the building, besides the fixtures and his other property.
“In view of the open and notorious defiance of the law displayed by the defendant, and the profit he has made by it, the Court cannot do less for a law-abiding and law-respecting community, than to sentence him to pay a fine of $2,000 and be imprisoned thirty days.”
We cite these remarks, not assuming a right to supervise the exercise of that discretion which the law reposes in the Judge *907who tries the cause, and who best understands all the surrounding circumstances, but to set forth the consideration of public and official duty, under a sense of which he acted. There is no limit fixed as a maximum, in the statute, to the amount of the fine, and while we do not say, nor is it necessary, that it may not be so enormous and disproportionate to the crime proved by the evidence, indicating a disposition to oppress, rather than subserve the common good, as that this Appellate Court would be called on to interpose for the protection of the convict, against gross injustice and manifest wrong and oppression, and we certainly shall not undertake to assign limits to the exercise of judicial discretion, in anticipation of the possible occurrence of such cases. It is sufficient to say, the discretion reposed in the Judge, under the statute, has uot been abused in the present case, and there is no pretext for the revision of its exercise. The remedy may be only sought in impeachment and removal from office, when the conferred power has been oppressively or corruptly exerted, for selfish, and not public ends.
In §1047 of The Code, which punishes the carrying on of lotteries, the fine is limited to a maximum of $2,000, for an offence somewhat similar in its nature, and not exceeding in turpitude and injurious consequences to society, the conduct of the defendant as stated by the Judge, and why, when there has been no such restriction, should the imposition of a fine, authorized for that offence, be treated as excessive and unauthorized in the present, when then there is no such restraint? In our opinion, if the General Assembly had intended to limit the fine, that intention would have been expressed in the one Act, as is done -in the other, and the absence of such restriction, shows that it was the purpose to leave this part of the penalty to be administered according to the demerit of the criminal act done and proved. "What the Legislature refuses to do, in fixing limits to the pecuniary punishment allowed, this Court will not attempt to do, and still less in declaring a fine of $2,000, admeasured to the defendant according to the Judge’s estimate of his guilt, as illegal and unwarranted.
*908We have passed only on the question of judicial power, but as the appeal vacates the judgment, and the accused must be again sentenced, the alleged error, if it existed, would be corrected by the appeal, and prove harmless. We simply decide upon the possession of judicial power, leaving its exercise where the law places it, in the sound discretion of the Judge upon whom that duty devolves.
There is no error, and this will he certified that the Court may proceed to judgment.
No error. Affirmed.