The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-02-12
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resigned; that the resignation had Eeen
accepted and that the pretense of being
Judge did not make him liable to I'M
parchment.
"As [ understand it the courts now
have under consideration the question as
to whether Norwood is judge or rot.
Suppose we impeach him ana then the
courts decide that he's not Judge at all.
What sort of position will we be i'll
then? Do you realize, not only how
ridiculous we will be in the eyes of the
people, but how serious a blundar we
4 will have made, spending our time on
this matter instead of transacting The
important business awaiting our action
and which we were sent here to dof
I'm not here to apologize for this
position. I'm as much in favor of the
purity of the bench as is any man. I've
often been made to blush for the judi
! ciary of recent times. but | would
blush deeper TO find that this General
Assembly had been spending it's time
impeaching a Judge who is not judge
| st ALL
MIR. Craig, of Buncombe, said it was
universally conceded that de facto
/ judge can be impeached.
Now il Judge Norwood is not a dc
facto judge when did he cease to be?
He has been exercising the duties of his
office even since the pending of this
{ resolution.
The gentleman from BERTHE and 9th
ers talk about the wife and daughter Of
Judge Norwood as connected with this
case. These ladies are not on trial
here. If they were Ia vote against the
resolution.
IF we disregard the law in this case.
what law shall we regard? If Judge
Norwood is not impeached, then who
shall be impeached? The law is plain.
| I'm sorry it's so plain in this case.
wish / could vote against this resolu-
ton. But my duty will not permit t.
''As to the impeachment of the Gov
ernor and others of whom gentlemen
on the other side talk, / want to say if
] had any evidence against any official,
as the gentleman from BERTHE intimates
/ he has against the Governor. I'd pres
ent it TO this House and ask his I'M
parchment"
Mr.. Davis, of Haywood, made a
strong plea in Judge Norwood's behalf.
HE is from my county. He is my
| friend, faithful and just TO me. /
know the man. He's not bad man.
! His offence is n weakness. and / can
not bring myself TO vote for resoln-
| ton wreckng his life because of that"
Mr.. Davis spoke with pride of his
county that had not sent other han
| Democratic representative to this Leg.
| islature since the days of reconstruc-
| tion.
THE people of Haywood county are
| opposed to this proceeding. Their SYM
pathy is with him. They know that
his heart beats in sympathy with them.
From the day Judge Norwood wen. on
the bench no judge has transacted more
| business than has he.
s'Judge Norwood has rendered effective
service to North Carolina, and he de
serves some consideration at the hands
of the State.
| II would not appeal to your svmpa-
thy. but cannot and yon cannot for
| get that christian wife and noble daugh-
ter When You perform an act you
must think Of the consequences Of that
/ act.
| THE Governor says Judge Norwood is
| not judge; he chairmen of the executive
committees of both parties say he's not
Judge. Why then shall we come mere
and take action saying that he is
Judge?
Eve are putting ourselves in Il most
ridiculous attitude. If you imleach
Judge Norwood, you declare him Judge:
that he has not resigned. Then what
are you going to do with Goyernor Rus
lsell who has turned him ont If office
and appointed a successor? What are
you going to do with Judge Moore. Who
has taken an office that you say belongs
to Judge Norwood?
You talk Of judges de iure and
judges de facto. You say Norwood is
| judge de facto. I'm no lawyer and
don't know much about these things:
but / do know one thing, Norwood IS
judge de functo. The Governor has de-
lclared him dead by accepting MS resig-
lnation. The Auditor has declared him
dead, by refusing to pay him his salary
| The chairmen of the executive com
mittees of both parties say he's lead by
! putting mp candidates for his place
| The people have turned him over as dead
! by electing a successor to him: aEd
here we come and say he's alive by i'm
peaching him"
MIR, Gillian. Of Edeecombe, said tn
committee could find but one preapdAnt
for impeachment OF iudge lie facto.
but this precedent applied exactly to this
case.
| Il think Judge Norwood is in the
worst attitude that he could be placed
in. Two years ago he came before the
Judiciary committee, acknowledged hi
weakness and promised if given another
chance he would write ont and place his
resignation in hands Of chairman of the
committee, to be presented to the Coy
lernor in case he should again get drunk
| He got drunk, and straightway he at
tempted 10 recall his resignation, repu
dated his agent and went on exercising
the duties of the office of judge.
Then This Impeachment proceeding
begins and he denies that he is judge
lat all or trying TO exercise the duties Of
the Office. III he is not 1mpeached hc
will come out and declare again that
he is judge.
And what is worse still he puts M
his wife and children to protect him
from this proceeding If lie wants to
save the wife and children. for whom