Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1873-11-28
Condemned from the Raleigh Sentinel.
NORTH CAROLINA LEGISLATURE.
SEAATE.
SATURDAY, Nov. D. D.

SATURDAY, Nov. -. !
On motion of Mr.. Cramer, q COM /
mittee Of two, consisting Of Messrs. !
Cramer, and Ellis, of Columbus, was !
appointed to wait upon the Attorney !
General and ask his written opinion as |
10 whether or not the Treasurer was |
enioined from paying lawful demands
upon the treasury. At subsequent
hour the Acknowledgement responded
and stated, giving his reasons for the
opinion, that no such injunction ex-
isted.
At y 1-2 p. M, the special order,
Mr.. Merrimon's bill to be entitled can
Act in relation to the duties of the
Public Treasurer" was considered, the
question being on the second reading
of the bill.
AR. Norwood offered resolution as
substitute, to the effect that no in
junction existed, that the Treasurer is
required to pay the lawful demands
made upon the treasury, and that IN
doing so he would be sustained by the
General Assembly.
Mr.. Merrimon proceeded to address
the Senate on the main question. The
preamble of his bill, he said, set forth
two facts-first, that the treasurer had
refused and still refuses to pay lawful
demands upon the treasury, and, sec
ondIy. that no INDUCTION existed re-
straining him from doing so; and Mr..
Merrimon proceeded to show these al
legations to be true. He then discuss
ed the provisions of his bill, which
we're, simply to compel him to perform
his duty under the prescribed penal
ties.
MIR. Fleming offered bill as an
amendment to the amendment of Mr..
Norwood. This bill required the treas
urer to pay lawful demands upon the
treasury under the law Of the State,
without regard to the order of any
Judge, State or Federal, under pain OF
impeachment.
Mr.. Seymour repeated his objections
of Friday to the course proposed, i'll
consequence OF the difference Of opin-
ion entertained by distinguished mem
hers Of the legal profession. He said
| the view taken by the Treasurer was
sustained by Messra. Moore & Calling,
Messrs. Smith & Strong and Mr.. Bat
tie. He cited the dictum Of Chief JUS
tice Pearson in the case Of ex-parte
Moore and others, n. c. Rep, and
| the case of Ford az. Alexander, Ga vol.
n. G. Rep. Also, sec. 2, subdivision
Z, Drury on Inianctions-and con-
| tended that these authorities gave at
; least good ground for the Treasurer to
proceed cautiously. He contended
! that there was q great difference be-
| tween an irregular order and n void
order.
Mr.. MerrimOn said he did not con-
tend that the orders made were void OF
that they were not entirely proper
but simply that they were not restrain.
ing, and asked Mr.. Seymour, as a law
| yer, if he did not concur with him.
Mr.. Seymour said the question i'll
volved sufficient doubt to justify the
Treasurer in the course he was pursu
ing.
Mr. F1emming concurred fully il
the views of Mr.. Merrimon in regard
to the order of Judge Bond, and Joined
him in q demand for Immediate action
It was time the rights Of the State
were asserted and maintained. Still
he preferred his own bill, as that o.
Mr.. Merrinon's might lead to numer
GUS suits. He would require tn.
Treasurer to do his duty as prescribed
by law, or have him at once impeach
ed, to enable the Governor to fill hi.
place with an officer who would per
form his duty. The honor and dignit,
of North Carolina were involved, ant
it was the duty of the Legislature tc
take prompt action.
Mr.. WEIGH did Tot think the homo
and dignity of theState required hast,
action. The question was one of
legal character to be settled by tn,
courts-to be put at rest by the con
stitutional authorities Of the Unite,
States-and this would I've done mex
Wednesday. There was no imnedi
ate danger threatening the State. /
the suit of Self and others vas of s,
ex' raordinarily an outrageous charac
ter there was nothing to apprehend.
Mr.. Norwood desired that DO inius
tice should be done between hlgl
officer OF tho State and the people
The State had surrounded the Office
with an array OF eminent legal talen
whose advice he was acting under: ant
whether they were mistaken or not
the officer should not he subjected t,
severe pains and penalties for actin,
under their instructions. Such cours
did not comport with the dignity o
character of a sovereign State. Tn
course proposed was rash and precipi
pate and would be regarded ont o
doors as a salary grab ON tie part o
members. He thought all the object
sought could be obtained in Il cool ant
digni6ed manner.
Mr.. Durham was in favor of immc
date action. The only tangible mat
ter was in regard to the effect of th
notice given to the Treasurer. Thi
question should be decided, and l
could only be done by the course pro
posed by the bill. The Self suit wa
but the beginning of long line O
suits of q like character. The Stat
should not be lett at the mercy of mer
CHESS suitors. He supposed cas-
wherein, dnring a recess of the Gen
eral Assembly, such notice rs that il
question should be served upon tn,
Treasurer, and the hearing postpone,
for six months, and asked if that wonl,
not be virtually stopping the entir
government machinery.
Mr.. Morehead, of Guilfnrd, full,
concurred with Mr. Durham. The All
thorities quoted by the opponents o
the pending bill were from Stat
Courts and were not authority i,
Courts acting solely under statutor,
law. The express terms Of the act O
Congress prohibited injunctions evel
without reasonable notice" In thi
case no writ OF Injunction had been is
sued, and the notice of the hearing wa
given without any previous warming.
Mr.. Merrimon wanted a vote, to Sc
who would ''crook the pregnant hinge
Of the knee that theft may follow fawn
ing" as had been frequently and aptl,
quoted by the presiding officer. TIL
opinion of the Attorney General shout.
be respected and it was source O
congratulation that the State had a,
Attorney General bold enough to ex
press his opinion, though it conflictet
with that of other counsel.
| Mr.. Murphy did not like any one 0
the propositions submitted-he spok,
as non-professional. II there wa
any principle involved, the matter O
time should be ignored and the ques
ton at once settled. He desired t.
know if this was an APPELLATE case.