The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-01-07
ABOUT IMPEACHMENT.
Judge Avery Deprecates Discussion as
to Supreme Court Judges.

To the Editor: As a conservative citi-
zen of the State and as a Democrat.
deprecate the suggestion, made in many
newspapers of the State, that Justices OF
our Supreme Court should be impeaChed,
because they doubt the soundr2ss of some
late decisions, affecting the title Of
Democrats to office. The ruling il HOke
IS. Henderson was invoked three years
ago-and not i'll yain--to protect the Of
ticial tenure of Democrats. If the prin-
ciple was carried bow-shot further dur
irg the last term. in reinStating Republi-
cans who had been ousted by q Demo
cratic Legislature we should assume
that the opinions of the majority of the
court are the expressions of their honest
convictions. 1t is Il principle that per,
vades the whole law, that a judicial of
ficer cannot he held to answer-either
crinlinally or in damages in Il civil action
for an act done i'll the exercise of hrs
judicial functions. because the law pre-
sumes always that such officers act hon
eStly. II it is not true as many Demo-
cratic lawyers believe, that the later
decisions are legitimate deductions from
Wood VS.. Bellamy. we cannot afford to
saSslme that the majority of the Court
acted dishonesty, and arraign them be-
fore a high court of Impeachment. when
we concede that a bill of Indictment
ought not to be found against a Justice
of the Peace for conduct. unless there
is probable ground for believeing that 1t
can be shown beyond a reasonable doubt,
that he acted from corrupt motives.
Impeachment in the United States is
generally defined to be a process against
an officer for treason, bribery or other
high crimes or misdemeanors-eS specially
for corrupt conduct while acting under
color of office. Judicial officers have never
becn held impeachable for even grave
mistakes innocently made-mnch less for
rendering judicial decisions, as to the
soundness Of which there is room for
honest difference OF opinion amongst
competent lawyers.
But from report of the proceedings
of the Eecutive Committee of the Re
publican Party, at their recent meeting
at Greensboro, it seems, that there is a
concerted plan 10 apply to some partisan
Judge for an order restraing the State
Election Board from enforcing law
enacted by the Legislature. 1t is not
conceivable. that a Superior Court Judge
cam honestly believe that he has power,
in advance of a decision 0f the Supreme
Court, as to the copstitutionality of the
statute. to assume that it is invalid, and
thus prevent the enforcement of a leg
islativc act. No Supreme Court Judge
has the power to grant an injunction, and
the reliance of the Committee must be
upon some Superior Court Judge. If the
Committee shall find a Judge i'll North
Carolina, who will grant such
an order, l wish to say
that my voice will be in favor of making
an example of him at the June session
Of the Legislature. 1t might as well be
said that Superior court judge could
be honest in granting an order to pre-
vent the Legislature from meeting in
June, as in palpably invading the prov
irce of a coordinate branch of the Gov
ernment to benefit his panty by prevent
ing the enforcement of q law.
The statutes, which made the judicial
officers of the State the overseers and
Supervisors Of election machinery, have
heen repealed. l hope that all such
methods have been consigned to the
tomb of the capulets, never to be resur-
rected.
A. c.. AVERY.
Morganton. n c., January 4th, 1900,