The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-16
NO VOTE ON
IMPEACHMENT,
CONTINUED from First Page.)


4 pause here TO say that the mandamus
would never have issued ii the court had
not known in advance that the claim
would be paid: nor would it have been
raid il Treasurer Worth's term had not
expired just as this Legislature came into
existence. and he thought this rendered
him scathless.
Touching Mr. Stubs attack on the cleo
ion law. Mr.. Rountree declared he had
always considered it IAN excellent law"
and the only mistake the Democrats
have ever made about it is stopping TO
defend it." He continued:
Tine gentleman from Martin says the
court knew this Legislature would be
Democratic and would not. therefore, pay
this claim hence it ordered it paid.
IF that's so they are as guilty as any
cdriminal that now inhabits the peniten-
tiary. Even apology for them is without
excuse.
The speaker. new traced the circum-
stances attending the issuance OF the
mandamus. He added:
Whites attorney asked the mandamus.
He was asked if he had given notice to
the other side. Then there appeared an
attorney on the other side-appeared and
that was all he ever did. The whole thing
looks like conspiracy to me, and con-
spiracy is as criminal as anything. But
The court lodges again and the attorney
goes or the street and declares the court
is lodging and he will force ii TO show
its hand Now isn't that 2 nice spec
tacle? Would you find Pearson, and
Smith and Daniel submitting to it,
The facts surrounding the poll of the
court by the clerk and the final issuance
of The mandamus were recalled
And so ON through the whole pitiful
stcry," exclaimed the speaker. ut is
positively a painful story and / don't like
to dwell on IT,
When we reflect that a mandamus
was never issued before by the Supreme
court, of, North Carolina; when we re-
fleet that the Legislature, by resolution
directed 10 the Treasurer had told him he
mustn't pay the claim when we reflect
that they were advertent to these facts
sorrowfully do l admit it, but / cannot
help knowing ii in my own mind that
these men knew they ought not to do
this act. They ought TO be impeached or
they ought to be stopped. Is there any
way short CT impeachment by which
hey can be stopped? | know of none.
Il would that l could find some way
satisfactory TO my conscience and my
Judgment BY which | could stop short of
this impeachment. but l know of no other
way to yindicate the honor and integrity
Of the Constitution, and for myself-re-
gretfully, most regretfully | must say--I
am compelled to vote for this resolution"
Mir. Simms OF Wake, followed MIR.
Ecuntree lie was opposed to mpeach-
laent # he could secure the adoption OF
q resoiutlon of protest. Otherwise he
declared II shall have to vote for I'M
Deachment"
lie read the Constitution and The Code
provisions in regard 10 Impeachment
calling attention to the fact that the law
said, May impeach and not shall
He added;
If therefore could see any other
course than impeachment l would adopt
IT, | think there is such a course and |
shall vote for its adoption, feeling that
have thereby discharged my duty and
been true to ny oath.
This course" Mr. Smms said. was
q resolution of respectful protest against
he line OF doctrine laid down in recent
decisions of the court" He continued:
II do nor believe the resolution ought
10 condemn these Judges or brand Their
as criminals without hearing, but lc,
us respectfully protest against their line
Of plinciple
Where never has been q judge sitting
in The place where Judges Furches and
Douglas nCw sit who were threatened
with im9eachment or who were ever 50
near y IS these men now are. 70 i'm
peach them will forever be blot on the
cscutcheon of the judicial history of the
state. When ysu write in history that
North Carolina has not only impeached
her Governor but also her chief justice
and an associate justice, you will write
there The record of a disgrace that can
never be wiped out It's disgrace 10 the
state 70 matter how much the man de
served impeachment"
Mr.. Simms spoke with pride of the
conservatism or North Carolina and
hoped the State would never lose her
reputation in this respect.
But pass this resolution, he went on
10 say. send these men to the bar OF
he Senate for trial. and the State can
no longer be called conservative
At this point Mr.. Simms turned his at
tention to the other side of the question,
saying:
II differ widely from those who oppose
q resolution of protest passed, but if tina
tails. then I shall vote for Impeachment.
THE power that holds the purse strings
is the power that rules the State. /
know that if the Supreme court can issue
q mandamus for $500 it can issue one for
every dollar the Golfer holds.
= Under these conditions, | will not sit
silent and let this resolution fail. unless
the protest has been adopted. If the
resolution of protest fails Of adoption,
hen, however much | regret it, ] shall
vote for impeachment. | shall be com
PEELED to do so for which I deem the good
of the State.
First, however. plead for mercy, for
moderation. If that proposition is voted
down, the responsibility is not mine.
beg that YOU will not do it. | warn you
20 consider well the awfulness OF the
step we are about 10 take
MR. MCLEAN FOR SUBSTITUTE.
Mr.. Mclean of Scotland. followed Mr..
Simms. He said: hive listened 10
both sides of this question, and l have
been plaeed in the attitude of always
lavoring the last man that spoke. Laugh
err