The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-02-28

said report shall be made to the SUI
preme court"
This committee met and organized
on the day following adjournment,
to-wit, the 18th day Of March, by
electing a chairman and secretary and
issuing subpoenas for witnesses resid-
ing in Nash and Vance counties. HAY
ing thus met and proceeded with the
duties assigned them as soon as was
possible after the ratification of the
resolution, | decided the committee
officers and witnesses were entitled to
be paid for the days they were actually
engaged in this work | believe it to
be my duty to assume that the LegisIa-
ture intended the committee should
sit, investigate, take testimony, write
down the facts in full with their con
clusion as well as make a report;
knowing it to have been impossible to
do either before adjournment, / be-
lieve it was intended that both should
bc done after adjournment, and re-
port of the facts, findings, etc, sub
mitted TO the Supreme court 1t did
not occur 10 me, [ must admit, with
candor, that the Legislature could
have deliberately provided a committee
clothed with such extraordinary pow
ers and duties, and expected that be-
cause it. could not make the investiga-
ton it was directed to make and re-
port to the Legislature that it should
report to the Supreme court simply
that it had nothing TO report, as it had
done nothing. The grave doubt that
the committee could not investigate
and report TO the Legislature before
adjournment is expressly implied in
the resolution, and without an investi-
cation the taking of testimony, etc,
there could be nothing to report to the
Legislature or the Supreme court.
With this view / proceeded to carry
out, on as reasonable a basis as pre-
cedent suggested, what believed to be
the will and intent of the Legislature
by issuing warrants for the payment
Of the committee, officers and witness
SEES, as properly certified to me by the
chairman Of the committee. On a case
agreed, | was sustained i'm my construc-
ton by Hon Judge COble as to pay
ment Of the committee, but not sus-
tanned as to the payment of an attOr-
ney retained by the committee, the
judge not agreeing that the employ
ment of an attorney was contemplated
as one of the necessary expenses. Up
on appeal the honorable Supreme court
sustained Judge Coble in the latter, but
overruled him in the former, deciding
that the committee had no right to
sit after adjournment, only for the pur-
pose of maxim report to the Supreme
court. Of course this ended the COM
mittee and further payments. / feel
it due myself to make this statement
here. ] am not called upon to express
my opinion here as to the propriety or
Of the resolution of the
General Assembly.
The several statements, showing in
detail the receipts and sources of re-
ceipts and objects OF disbursements,
and comparative with other years, will
be found useful information and should
be carefully examined by the tax
payers.
/ acknowledge with sincere pleasure
my obligations to Mr.. T. Palmer Jer-
man, Jr.. chief clerk, and Mr. j. J.
Dunn, pension clerk, for very faithful
and efficient services.
/ have the honor to be, your Excel
lencys obedient servant,
Il. NJ. FURMAN,
State Auditor.