The news & observer., 1901-02-24

sary gentlemen, to strike from our
books, so far as the election law was con-
cerned. the great writs Of mandamus and
Injunction. That is how this election law
was protected by that General Assembly.
] hated TO vote for the abolition of those
writs They were a part Of the great
! common law handed down to US from the
men who laid the foundation of the Eng
lish Constitution. We voted for the aboli-
tion of those writs to curb the mower of
this judicial oligarchy, that was the will
ing instrument of the men who wished
to bring into contempt the Legislature
of 1899 that they might again assume con-
troll of this State. and bring back to high
places the minons of the black horde
that had plundered the State. Who does
not fear these judges? Who does not
think they are dangerous?
| COURT OF IMPEACHMENT.
"A great deal has been said about the
court of impeachment. The court of i'm
peachment is not court for the punish
ment of the offenders; not at all. We do
not deal with these judges as we deal with
individuals, but we deal with them in
their official capacity. 1t matters not
what they may do, so far as this court is
concerned. They may commit murder.
burglary, or violate the criminal laws of
this State, but the Court of Impeachment
could not lay one finger upon a hair of
their head or one dollar of their property.
Where is the man that will say that they
arc not dangerous to the law of this land?
The General Assembly of 1899 adjourned
and went home with the earnest hope for
peace. Yes, gentlemen, let's adjourn and
4 go home again with q prayer and with a
hope of peace. (Laughter.) A General
: Assembly that will stay here from day to
day in perpetual session and then be de-
stroyed can illuminate as much as it
pleases. What will it amount to? 1t
stands discredited in this State SO far as
these judges can discredit 1t. Every sim
gle political decision that was made was
made in antagouism to and to destroy the
Legislature of '99. and that we all know
(Applause)
Gentlemen, do not believe that these
judges oyer-rode the Constitution and de-
stroycd our statute law for the sole pur-
pose of reinstating the fusion ofTice-hold-
ers. There was a greater purpose beyond.
They were going to the destruction of
that which was permanent that which
guarantees that this State and her future
destiny shall be controlled by the moral
and intellectual manhood of North Caro-
! lima. They were blazing the way.
THE WHITE CASE.
''Finally they came to the case of White
| against the Auditor. The gentleman from
Forsyth was talking the other day about
: mental gymnastics, but by some kind of
judicial gymnastics these judges leaped
over all repeating statutes. they got upon
the stills of IN PARIA MATERIA and
: Ileaped over the Constitution and the law
, and turned ont Hill and the six other
, commissioners. They went to the dusty
archives and searched UP the old English
doctrine of IN PARIA MATERIA. They
, gave to it meaning which it never had.
In order TO perform their duties the law
prescribed that these seven Shell Fish
] Commissioners must be at their post of
duty in seven different places at the same
time. Although in the case of the State S
I Prison VS. Day they have decided that the
I duties Of an officer could not be trans
ferrcd to another. in White VS.. Hill they
clothed White with duties that were new
1 or given to him by any statute; and in the
opinion IN Abbott VS.. Beddingtield they
invested Abbott with the powers not only
of Railroad Commissioner, but bank cx-
aminer and powers heretofore exercised
by the State Treasurer and the State Au-
ditor This was not only in violation of
every law and every statute, but in viola
tion of the doctrine laid down in States
Prison VS.. Day.
why did we pass chapter 21. Laws OF
1899? Why did we pass it gentlemen
. We were afraid that the Supreme court
would turn Hill and the other six COM
missioners out, were we not? And we did
hat n
them out should usurp tho powers of the
government by placing any one else in.
and VIC know that White wanted the
Il money that was in it. and that was ali
that he, cared for: and so the statute
provides that he could not get his money.
Would the judges say that they did not
know that was what the Legislature
meant? ] read chapter u. Laws of '99.
Now gentlemen, / thought that was
where the gentleman from Franklin got
confused in his argument. The act says
THE State Treasurer shall not pay any
person or persons unless such person or
persons be authorized d-authorized by
what? BY the act of 1899. He is not
forbidden to pay any person unless he is
performing the duties prescribed by the
act OF 1893; he IS not forbidden to pay
any persons unless they are carrying out
the objects of the act of 1899 but he is
forbidden to pay any person unless that
person be authorized by the acts OF 1893.
He must go to the treasurer clothed with
the authority of the act of 1899. Hill
! and six other men are the only ones au-
| thorzed b.t the acts of 1899; White is
not authorized. Chapter q says in words
, ! as plain as can be written that he should
not be paid by the Treasurer That is
, the legislative mandamus. 1t eminates
! from the only power that has the right TO
control the finances. The Legislature
had the right under the Constitution to
Isay that he should not. When the judges
, said that he should il was a plain and
unmistakable usurpation of power, and in
defiance not only of the statute, but of
article !, section 8 of the Constitution.
, This law is so plain that no one can mis-
understand s.
| What shall we do with these judges,
gentlemen? That is really the only ques-
, ticn. 1t is almost unanimously admitted
by the Democrats of this House that they
, | have wilfully violated the law and the
Constitution; that they are impeachable.