Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1901-02-14
AS 70 THE IMPEACHMENT PROCEEDINGS.

parchment matter now pending in the General Assembly-in which
Justices Furches and Douglas of the Stae Supreme Court
Bench are being Investigated OF. the charge of transcending their con-
stitutional prerogatives and usurping power not only not warranted
but specifically prohibited by the Constitution.
The ARGUS has been silent on this matter for several reasons any
one Of which W considered sufficient. Some of these reasons, are:
the Press of the State is not the tribunal before which such questions
should be tried; the Constitution confers this prerogative upon and
requires this duty of the Senate alone. There is no other meaos pro-
vded by which impeachment proceedings shall lie. The Lower House
is the jury of inquest; the Senate is the trial jury. The Constitution
is the chart of the peoples liberties and Of the States rights.
If the Legislature in it's deliberations enacts laws that are violative
of the Constitution tits the prerogative and duty of the Supreme
court to declare such laws unconstitutional, and imperative, accord
|ingly.
If the Supreme court violate the constitution it is the prerogative
and duty of the Lower House to investigate the sane and report the
result Of such investigation to the Senate whether the offending
members Of said court shall be placed upon trial for impeachment or
whether they shall be considered guiltless.
In regard to the matter at presnt pending before the General AS
semly, the case in point and the facts in brief are these: The legis-
latureof 1897 created the Office of Shel-fsh Inspector and elected to
that position one Theophilus White. The Legislature of 1899 abol-
lshed the Office of Shen-fsh Inspector and provided an entirely new
system for the shel-hsh1n industry and appointed certain officers in
each of the counties concerned to perform the duties prescribed in
the act. This act also provides that no money shall be paid out ex-
cept upon the warrant of the State Auditor, which warrant shall be
issued only upon a certificate of the ShelLfsh Commission and coun-
tersgned by the chairman of said commission. And Chapter 81 of
the Laws of 1899 says that the Treasurer of the State shall not pay
any money for services in connection with the shelLfsh industry ex,
cept to those persons authorized to act by chapter l9 of the Laws of
1898.
Article ", section 9 of The Constitution, in speaking Of claims
against the State, says: "No process in the nature of a execution
shall Tissue thereon; and Article XIV, section 3 OF the Constitution
says: "No money shall be drawn from the treasury bat in conse-
quence Of appropriations made by law
1t would seem, therefore, that the two Supreme Court Justices in
question, who with the late Chief Justice Observation-Disclosures a
majority of the Court-issued the writ of mandamus upon the State
Treasurer requiring him to pay the claim of the said White, violated
the two sections OF the Constitution above cited, to wit: Article
~, section 9, and Article XIV, section 3. And at the same time
they violated two clearly expressed acts of the General Assembly, to
wit: Chapter 10 and Chapter 81 of the Laws of 1899: neither of
which acts has yet been declared unconstitutional by the court.
If the Supreme Court have the right to issue a mandamus requir-
ing certain moneys to be paid which the Legislature has said shall
not be paid, and which process the Constitution says shall not issue
then the court has the right to require the Treasurer to pay the ne-
farious Special Tax bonds, which the Legislature has said are fraud
ulent, spurious and void.
So much for the case in point and the facts in brief in this i'm
3 eachment proceeding, which the ARGUS has thus far permitted the
Legislature to prosecute untrammeled by comment or criticism On our
part, having full confidence in the ability, integrity ana patriotic
watchfuIness of that body, who are The chosen representatives of the
people of North Carolina and the accredited custodlans OF our hber-
ties. But since quite a sprinkling of the State Press have usurped
the constitutional prerogatiye of the Senate exclusively, and are pre-
Stunning to aajudicate this impeachment matter, and are INDUCING in
adverse and unjust criticism of the General Assembly,-the grava-
men Of whose ofense in the estimation OF such newspapers is that
they have gone into this impeachment investigation at alive wish
to place the ARGUS on record, whatever the outcome of the investi-
Cation may be, as commencing the legislators, each and every one of
them, who are responsible for the proposal and prosecution OF this in
vestigation, the purpose of which is to MAINTAIN The integrity OF the
CONSTITUTIONS, which they are sworn to do; thereby perpetuating the
liberties of the people and the rights OF the State guaranteed under
that instrument.
External vigilance is the price of Liberty" If the Constitution has
been wantonly violated by tbs Justices Of the supreme Court, whose
dntv ia il. other than the General Assembly rs to bring hem before the
bar Of Investigation? The General Assent now sitting il Raleigh
lis doing its duty molly and fearlessly. The subcommittee appointed
Iby the House have Investigated the facts and submitted their report
which favors an impeachment trial. 1t is now the province OF the
lower Housg TO adopt or table that report. II the report be a
dopted. it then becomes the duty of the Senate to order the indicted
fJostnes before that tribunal sitting as court of last resort, and open
the impeachment tra, hearing evidence and argument pro and con,
and finally determining the matter.
A RenuhIican form Of government such as ours, which c0nce de