The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-17

and the words neither shall you leave
anyone unpresented for fear. favor or
affection. were commented upon Mr..
Robinson added
our duty as legislators our duty as
sworn members of the grand jury, demands
that we present these men 10 the Senate
for trial: our duty to the judges them
selves demands it. If they are guilty they
should be punished; if they are not guilty
then the Senate will have the manhood
and bravery to say so.
MIR. YARBoROUGH's SPEECH.
Mr.. Robinson was followed by Mr. Var
borough. of Franklin. who was glad there
was no politics in this proceeding, and,
he declared IF the evidence showed that
the judges had been influenced in their
decisions by partsanship ! would be
among the first TO favor their impeach-
ment." But the evidence, he thought
showed nothing of this kind
Mr. Marlborough now turned his atten-
tion TO Hoke VS.. Henderson and defended
the principle laid down in that decision.
Tie facts in the White case were also
recited. and Mr. Marlborough commented: !:
rs it not clear TO every man in this
House that it was the purpose of the
Legislature 10 deprive Theophilus White
of the property (his office guaranteed
him by the constitution and laws of the
State?"
On The heels of this. Mr. Marlborough
commended in most laudatory terms the
decisions of the Supreme court.
This brought the speaker to the ques-
tion before the House. whether the Judges
were liable to impeachment for ordering
the mandamus 10 issue. He argued that
they were not, and read parts of the eyi-
dence that he thought bore out this view
of the matter. He added
But somebody says they were shut
fling and twisting around. Well now, my
friend. that's the kind OF shutting | ad-
mire / would have had much less re-
specy for them had they acted hastily.
That they were careful about their action
is ! think circumstance in their ia
vof.
Touching the charge that the court
was holding the matter up TO find out
" hat the Treasurer would do in case the
mandamus was issued Mr. Marlborough
said:
II think this a most cruel and unjust
charge. No such inference is warranted
by the evidence and should not be here
MADE No man with sense or honor enough
TO be on any bench would for moment
think of doing such a thing, and | stand
here TO defend these judges from the
charge.
Then Mr.. Marlborough turned his atten-
tion to a writ of mandamus, its nature
AMI purpose. This made Mr. Blalock OF
Stanly. tired He interrupted. saying:
I'm no lawyer but ! want TO say TO
the gentleman that he neednj go into all
that think we understand it. I'm not
like my brother Mclean. / made up my
mind day before yesterday at one and a
half O'Clock and | haven't heard anything
since to make me change it, These
speeches don't warp me about,
This produced laughter and applause
and Mr. Marlborough said if the nature of
mandamus was generally understood
he would not go further on that point
but Mr.. plalock's interruption seemed to
have opened very Pandoras box for tho
speaker, for from then on to the end Of
his speech he was continually piled with
questions. all more or less embarrassing
or hard TO answer.
He now turned his attention to d re
cital of the facts in the White case and
it in Whites favor.
NJ Craig, of Buncombe interrupted. TO
make the point that "the act of 1899
destroyed the appropriation for payment
OF the salary of shell-fish commissioner ="
Mr., Marlborough argued that this was
not true. that the clause abolishing the
office and destroying the appropriation
had been declared void and uncorstitu-