The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-28
THE VOTE ON IMPAIRMENT
TO BE TAKEN THIS MORNING
Mr. Watson's Speech Commenced Yesterday
Afternoon Will be Resumed at 10 O'clock
and Concluded Before Noon.
HE IS MAKING A MASTERLY SPEECH

claim against the State is one that is
resisted and for whose payment there is
no appropriation. He added that in Gar
ner VS.. Worth "the line is so clearly
drawn, in regard to claims against the
State, that a wayfaring man, though an
impeacher, ought not to err therein"
He started to read the opinion, but not
finding the book, he said:
"You must take my word for this, Sen
ators. In fact l know that my word goes
before Democratic Senate at all times.
l would not condescend for one moment
to deceive you"
OPEN SEA OF POLITICS.
Having given this assurance, the speak
er turned the bow of his argument toward
the open sea of politics where he was
destined to cruise for the rest of his
argument-often seemingly without rud-
der or compass, though always with re-
iterations that he was a Democrat.
when we met here in 1899 we thought
we'd clean out the Augean stable. or
course that's an exaggeration, but
quote the gentleman from Buncombe
(Craig). To tell the truth, we decided
to turn out the Republicans and Populists
and turn the Democrats in. You Repub-
licans put your heads out the window
while I'm telling this Uaughter).
Mr.. Craig: "You voted for those acts
in the Senate"
Mr. Osborne (hauling in his iib saiD:
'I reckon l did. / was so used to vot-
ing Republicans out and Democrats in,
that didn't think of the Constitution.
Then steering toward Point Theophilus
White, the speaker said;
my brother Guthrie says the court
tried to perform a miracle by turning old
TheophiIus into seven men. Now wasn't
it the Legislature that tried to do the
miracle-make seven men out of old
Theophilus-a more difficult task. Uaugh-
teri Well you couldn't do that; Theophi-
lus is general all by himself-he's the
admiral of our navy" Oaughter).
Mr.. Osborne turned into Appropriation
Bay and argued that there was evidence
before the court to show plenty of money
in the Treasury to pay Whites claim.
This evidence. he said, was the record
in the case agreed.
"And may the Lord deliver us from
court that goes out of the record to de-
eide a case. I've heard of such judge;
I'll not call his name"
Here the mariner unintentionally
knocked the bottom out of a life
launched the day before by Governor Jar
Wis, when he wanted to know why the
Legislature didn't say in so many words
that White shouldn't be paid any money
Mr. Osborne said:
'I expect if we had said: Old man
Theophilus White, admiral Of the fleet.
shan't have anything that would have
been unconstitutional. You can't specif1-
cally take away anything from man any
more than you can give it to him, ex-
cept for services DONE
He went on to argue that it would be
unconstitutional to starve an officer out
of his office, and added:
NO ABSOLUTE POWER.
How long, oh my friends will the
Supreme court have to tell the Legisla-
ture. 1t is writ plain in a long line of
decisions, but it seems it will never learn
the lesson. Again after man has earned
his salary do you think the Legislature
can keep him from getting it? You say
the Legislature has absolute control over
the purse strings of the State. There is
no absolute power in North Carolina
There is no absolute power anywhere in
North Carolina, except the people.
Before putting to sea again he consult
ed his chart and quoted Cooley to the
effect that an unconstitutional law is a
misnomer, because it is no law at all,
and when Legislature writes it, it
writes nothing Also Wilson VS.. Jenkins
and Shaffer VS. Jenkins were read and
commented on at length, to the effect
that where the act forbidding the payment
is unconstitutional a mandamus lies.
He asked the Senators to engrave these
words upon their hearts:
When you are depriving a man of an
office that belongs to him or starving him
out you are taking away his property
without due process of law. which is for
hidden by the Bill of Rights.
Am not right?''
Capt Cooke: "Oh. yes, right in every
thing you say
Drawing in renewed strength from this
endorsement, the speaker went on to say
that wherever an act is void by the con-
stitution the courts can declare ii void.
When Judge Douglas vas on the stand
they asked him: Did you in all your
life ever know mandamus issued on
the Treasurer ! couldn't help wishing
we had had one here to have showed it
to them.
Mr.. Watson; "I believe they actually
think Furches and Douglas and old man
Continued on page So
In consequences of the pressure brought