The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-03
NO NEW QUESTION HERE
Time and Again Men Have Brought
Suits Against the State.
TRtND or tVtNIS IN The WHITE CASE
II Such Conduct as These Have Been Guilty
Of Can be Tolerated Without Rebuke.
Then Our Stale Fabric is in
Danger


the resolution OF impeachment. Hon.
4. w. Graham, eX-Judge of the Su-
perior Court, who made a reputation of
being ore of the best Superior court
judges the State has known made the
second speech in favor of impeachment.
lt is & speech so plain and clear that
Of an opportunity OF reading it. Judge
Graham said:
Mr.. Speaker: Before proceeding with the
argument on the question before US. |
wish 10 remark that the gentleman from
Martin has misconceived the position of
the House in the matter OF impeachment.
We are here somewhat in the capacity of a
grand Jury and his touching appeals for
mercy would have more effect II addressed
TO the Senate when the case is on trial.
lie should remember that, before a grand
Jury, neither the witnesses nor the coun-
sci for the defense are ever heard.
And again, Mr. Speaker, the speech of
the gentleman from Martin would carry
more weight, but for his former posi-
tion on this verv question of the Cpnsti-
tutional power of the judges TO enforce
the payment of money out of the State
Treasury.
YOU Will remember that section $3.50
of The Code provides that the accounts of
The State Treasurer shall be examined
during the month of December, by con-
missioners appointed for that purpose at
each session of the general assembly. TO
consist of two Senators and three Repre-
sentatives. ! find that such a commits
sion was appointed by the last General
Assembly OF which the gentleman from
Martin was a member and further find
published, with the Treasurer's report Il
report from that commission calling at
tcntion TO warrant No. 22962 for 1891. Is
issued IN favor OF Theophilus White, upon
which he drew money Cltt OF the treasury,
aud containing these words: We deem 1t
our duty TO state to the General Assem-
bly, that IN our opinion the said warrant
was issued and the money paid out of
the TJeas ugy without warrant OF law.
Section 1861 Of The Code makes ii our
duty TO give our reasons for this opin-
ion. we state them as follows:
Mr. Graham then read the report which
contained among other things the follow
ing:
~ majority OF the judges directed the
clerk to issue mandanus TO the Auditor,
commanding him TO issue a warrant in
favor OF Theophilus White and on the
Sta.e Treasurer TO pay the same, and
lhercupon the warrant was issued and the
money paid We think that payment was
made without warrant of law.
after the Supreme Court had decided
that White was entitled to his office OF
chief inspector in his writ against Hill
and Others ii was then in our opinion, a
matter for the Legislature to provide for
tho payment Of his salary, upon the re-
c0mmendation OF the court; but we under
stand that the public Treasurer IS an
institution Of the people and under the
control of their representatives. the Gen.
eral Assembly, safe guarded by the Con-
stitution OF the State. We regard it as
oreanic and fundamental law that the
General Assembly has exclusive control
of the funds in the State Treasury
This report was signed by NJ II. Justice,
The Senator from Rutherford w {.
Fields. Senator from Allegheny; Waiter
Is. Moore. the hoDored speaker OF this
House. ana H. W Stubbs. the gentleman
rom Martin.
How can he reconcile the speech he mas
made on this floor today, with that report
y hich he signed after careful eXamlna-
tion OF the books of the Treasurer ana
Derusal OF the constitution and the laws
hearing upon the subject.
Times change and some people change
with them. Something strange has come
over the spirit OF the dreams of my friend
from Martin
The gentleman from Wayne. Mir. Speak
~. has stated, with singular clearness, the
facts found by your Judiciary Committee
and the evidence upon which they were
based. so that every gentleman in the
House can readily understand the nature
III the charges against the accused judges.
/ wish for a short while TO call your at
tenfion TO some of the Law upon which
that report was founded.
Article I, section s OF the constitution
states that THE Legislative, Executive
and Supre me Judicial powers or the gov
errment ought to be forever separate
and distinct from each other
Article XIV, section provides that
NO money shall be drawn from the
Treasury bur IN consequence Of aDpropria-
lions made b. LAW
This is but a reproduction OF Article |,
section ., clause of the Constitution Of
the United states.
In article e. section of the
State Constitution IL is provided