The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-02-04
PITY FOR HIS WEAKNESS
DIFFERENCE OF OPINION AS TO
HIS RESIGNATION
THE NATTER ARGUl0 AT GREAT LENGTH
Sub committee Repaired that Judge Norwood
is Still Claiming 70 be Ju'ge and ne
is Therefore tible TO Impeath-
mert tInd+r Tho i;w.
ment Under the law.

HlcNt OHOcl UlC LEW
The Judiciary committee OF the House
was engaged yesterday evening in con-
sidering what action should be taken rel
ative to Judge Norwood. The resolution
introduced by Mr. Curtis, the considera-
ton of which was adjourned over from
Wednesday, was taken up at this meet
ing OF Che committee.
A sub-committe consisting of Messrs.
Rountree Foushee and Council, having
been appointed on Wednesday to make
special examination and investigation of
the law relative to the impeachment of
Judge Norwood, made report through
Mr.. Romtree. He stated that the sub
committee first called ON Governor Rus
sell for a copy of all of the papers reia
tive to the resignation of Judge Nor
wood. The same were laid before the
committee Mr. Rountree stated that
the members of said subcommittee We're
agreed, and SO reported, that they find
the law to be that no person occupying
or claiming to occupy an office. can deny
that he is such officer; that they did not
take into consideration the question
of whether or not the resignation of
Judge Norwood was effective; that he
was claiming TO occupy the office and
was therefore liable to Impeachment.
That question was before the United
States Supreme Court in the case of
II ba
District Court judge at the time the
war between the States was entered
upon, and without resigning, accepted a
;udgeship of the Confederacy, and The
court decided that his Impeachment was
legal. In the opinion of this sub-com-
mittee, there is no reason why Judge
Norwood could not be impeached, If his
conduct has been such as to justify i'm
parchment. The fact that some one
else is performing the duties of Judge
makes no difference.
Mr.. II. ID. Gilmer, of Waynesville, aG-
dressed the committee i'll the interest OF
Judge Norwood, and his presentation of
that side of the matter was very fine
indeed-for he is a lawyer of eminent
ability and most pleasing speaker. he
stated that he took a different position
from that taken by Mr.. Rountree; that
articles of Impeachment ought not to
be preferred against a man who was not,
in office and was not holding the courts.
That Judge Norwood's resignation was
unqualified; that the executive branch
of government had acted on the same;
that suit had been instituted by Judge
Moore against Judge Norwood; that they
were coordinate branches, and he argued
that therefore the Legislature ought to
leave the settlement of the matter with
the courts He quoted decisions of the
Supreme courts of Oregon and Nebras
ka and from the works of Judge Strong
TO sustain the position he had ennuncia-
ted
Mr.. Garland Ferguson, of Waynes-
vile, in the interest of Judge Norwood,
said, You've nothing to do with thy man
its the office you are dealing with.
Suppose you impeach Judge Norwood,
does that change the office"
Mr.. Ferguson enforced this view of
the matter very strongly, for he is a
lawyer of great ability and one of the
brainest men in Western North Caro-
lima.
Mr.. Winston, of BERTHE, argued that
Norwood was not judge, and has not
been since the Governor accepted his
resignation; that the resignation must
lie considered as if the memorandum to
Col. Luske had been written in the
body of the resignation; and that such
conditions in the resignation would rem
der the conditions void and leave the
resignation without condition; and finally
that Judge Norwood's agent had acted
within the scope of his authority and
that the condition having been fulfilled,
Norwood so far as the public was con-