The Caucasian. (Clinton, N.C.) 188?-1913, 1901-04-04

the Supreme Court and which as-
serted that there were available
funds In the oy-ter fund for the
Esyment OF thu White claisn-l
The kitempt io imfnss On This
senate the view ths; the judges did
not investigate this matter 1T all,
leaving IL 10 the auditor l. unfair
and unjust. But Ii h always 80
that even come men attempt TO go
where angels fear TO tread.
The Supreme Court declared that
White was entitled to his salary.
They didn't compute the time. but
left 1t to the auditor TO audit the
claim.
If Hoke W.. Henderson Was still
the controlling principle in North
Carolina, was not White entitled TO
the emoluments Of the Office. These
judges did not want to try this case.
1t came to them agreed in conform
ity to the law.
The speaker quoted from Garner
vs.. Worth. He said Judge Robin
son issued a writ Of mandamus
against the State in this case, where
1t was claimed that the claim was a
claim against the State.
Speaking Of Major Gutnrie's barb
wire, Captain Cooke said: / don't
like barbed wire fence on the farm.
l don't like barbed wire Judge and
l don't like barbed wire any law.
Taking up again the case of Gar
ner VS.. Worth where Judge Robin
son granted the writ of mandamus
for a claim against the State, he said
This was q peremptory mandamus-
one to be issued by the first train
one that could not wait. And who
do / see as counsel asking for this
writ of mandamus for claim against
the State. The president Of the
Board of Managers for the House is
down here in the reports asking for
this writ. Who else do I find as
counsel? My distinguished friends,
Mr.. J. II. Pou, Simmons & Ward.
Did you SEEK to impeach Judge
Robinson? Because you believed in
his honor you would have come be-
tween him and impeachment.
You may talk about volunteers in
this case, but if you addressing Mr..
Pou) had not volunteered to him in
that event you are not the man /
think you are.
can take an oath that I never
knowingly attempted to lead a judge
astray.
When that case came up to the
Supreme Court the decision was
written by Judge Clark. He said
in that opinion oh, can't give you
this writ, Mr.. POu; and what did
Clark say?
Judge Clark said there is no legis
lative appropriation for this claim.
Continuing his argument Mr..
Cooke claimed that Impeachment
trials do not establish any fixed pre-
cedent or "mark any lines" between
departments of the government. In
the opening speech of the prosecu-
ton the orator had to quote from
Ben Butler, and when southern
man has to take recourse to that
quarter then he is quartered.
In the articles of Impeachment
the managers united the late Chief
Justice w. T. Faircloth with the
respondents in their charges of Of
fetal misconduct, and the effect of
the conviction of these respondents
would be a defamation of his char
acter. 1 would not allow this with
out speaking some words in his de-
Tense. Chief Justice Faircloth was
not an accomplished scholar, but he
was a man of strong mind and ster-
ling integrity. This was evidenced
by his life as we'll as the character
of his opinions ON the bench. In
integrity he was the peer of any one
of his triars in this hall. It would
be difficult to persuade an impartial
mind that Judge Faircloth, who at
the time in October, 1900, when the
alleged act of official misconduct oc-
CURED, being conscious that he was
affected by a fatal malady and that
he was then walking in the shadows
of his tomb, should violate sacred
official oath, and disregard the Con
stitution of his State and that he
lshould within a little more than
two months, just before his death
by his last writ and declaration
make valuable contribution fOl
the education of the boys and girls
of this State. 1 will not believe
this of him.