The news & observer., 1901-03-20
Senator Henderson's S Questions

When Judge Furches had finished his
testimony yesterday and was about to
leave the stand, Senator Henderson,
availing himself of a right given him un-
der the rules. stated that he desired to
ask the witness some questions, these
questions he had written out, as the
rules required, and they were sent fer
ward to the President who propounded
them to the witness, as follows. The an
swer of Judge Furches follows each ques-
ton:
/. "Why was it necessary to issue a
writ of mandamus against the Treasurer
before the debt had been determined eth
er by the Supreme court or the Audi
tori"
MY understanding was that the amount
of salary was determined by the decis-
ion. The allowance for mileage was fixed
by statute. ~
2. How could the clerk of the Supreme
court know what the Auditor would do
or had done in regard to determining
the amount of the claim?'
Il dent suppose he did know. He was
to audit the claim. and being State
officer it was presumed he would do so
correctly"
8. How could the Supreme court know
that the Auditor would determine with
accuracy the amount of the claim"
THE Supreme court didn't know that,
but as he was one of the officers of the
State and it was not for us to investi-
gate into the conduct of his office
4. 'Why did not the Supreme court or
der a reference to ascertain the true
amount of the claim before ordering or
permitting the mandamus to issue against
the Auditor or Treasurer"
Because that was the very matter in
controversy and there was no occasion
for reference The facts had been agreed
on and there was no suggestion of ref
erence by counsel"
g. Ought not the court to have re-
quired the Auditor to report to the court
the amount CT the claim allowed by him
before permitting the mandamus to issue
against the Treasurer
'If it ought we had mistaken the law.
We thought the Treasurer was to pay
upon the warrant of the Auditor. We
decided the legal question. The rest was
a matter for the Treasurer and Audi
tor
s.. Does the Chief Justice think that it
is the duty of the clerk of the Supreme
court, in all cases, whether the amount
in demand was undetermined or not, to
issue mandamus against the Auditor or
Treasurer"
II could net say that it was in all cases,
but we had passed on this question and
we thought the Auditor and Treasurer
would take our ruling
T. How many writs Of mandamus have
been issued by the Supreme court since
you have been on the bench?'
Il don't remember"
s. Does the record in the Supreme
court show that the judgment in this
action has been satisfied
81 don't know how that is. l have
never examined or inquired. 1t is not a
matter that l thought l had anything to
do with
The following question was then sent
forward by Senator Woodard
"If the Supreme court did not instruct
the clerk to issue the mandamus, what
complaint was made by the court when
it learned that the writ had been is
sued?"
''None was made by me. | didn't COM
plain of it because / thought it was his
duty to issue il under the decision we
rendered in May, and ! so told him.
JUDGE DOUGLAS ANSWERS.
These questions were also asked Judge
Douglas on the completion of his direct
testimony. His answers are given below.
the number to each corresponding with
tie number opposite Senator henderson's
questions above:
|. 81 understood that the case agreed
presented to us two questions, first as
to whether White was entitled to nay
and If SO how much. Having decided that
10 was ontitled tc pay. VIC fixed the salary
AMI laid down to rpi" CT -hich tho
c'ai)n vas o 10 a@dtod. Tho AudIfo' could
Favc auditcd the claim without ana man-
danrus from rs and the Treasurer could /
hayc raid It,"
2. u don't suppose the clerk nad any I
such knowledge as all before MN was :
what was before us--the case agreed |
3, after we had decided the cnly qqes-
tions before us-which were ~ the case |
agreed-we presumed that the Auo,for
would properly audit the claims as that