The news & observer., 1901-02-24

.'He does force them, and what is the
result? One tells the clerk to issue the
mandamus, another says its his individ-
ual opinion ii ought to be done, and a
third is not clear about it.
"Then the clerk walks into open court
and asks what he shall do. They say is
sue the mandamus and Judge Furches
draws of and sends the clerk a form
And when they finally direct the manda-
mus to issue they refuse Judge Clark the
right to file dissenting opinion or
protest.
"Can there be but one conclusion in
regard to this?
CULMINATION or THE CASES.
"This case is but the elimination OF
twenty or thirty political cases, begin
ming with the Day case. In all Of them
We end a desire and tendency on the
part of the court to destroy the legisla-
tive branch Of government and make the
Supreme court supreme in fact as well as
name
| On this point Judge Allen read as fol-
| lows from the committees report:
THE manner IN which this order was
| issued indicates to our minds that the
Judges who directed it to issne did not
think that they had the power 10 issue
| the same, and that they were Undertaking
| to shift the responsibility from them
selves to the clerk OF the Supreme court
| At the time tho direction to issue the
mandamus was given. David NJ. FurcheS
| was an associate justice Of the supreme
! court. That since that time he has been
| appointed Chief Justice Of The Supreme
court. and is now holding the office or
Chief Justice A review OF the opinions
from the present Supreme court in the
cases known as the ofiice-holdinE cases.
rendered since the adjournment of the
Legislature of 1889 leads to the convic-
tioG that a majority OF the present court
has used every effort to thwart the will
Of the people as expressed by their rep
sentatives in the Legislature OF 1899. and
to weaken and bring into disreputc the
authority OF the Legislature.
"Now." continued Judge Allen, IF
they've done that, if they have gone and
deliberately for two years tried 10 break
down the legislative branch Of the gov
ernment. can we longer allow them to
remain in office? don't want TO impoach
any man. I'd he glad to be rid OF this
duty, but when I come to consider these
facts and. when l find that under the
constitution and laws the Legislature
! alone can pay none. out OF the public
treasury-then I feel the obligation OF my
oath to support the Constitution resting
upon Iue-a responsibility that / cannot
evade, however much | may desire il.
take il that every other member here
today feels much the same way. We arc
not responsible for the conduct OF these
judges nor must we be swayed in mat
ter of this kind by sympathy, nor because
one Of the accused is an old man. Having
taken on himself the duties Of an Office
he cannot shirk responsibility for his
acts therein.
THE QUESTION INVOLVED.
In concluding his remarks, Judge Alien
said:
81 desire to present this resolution TO
the House. There IS no difference Of
opinion as to the facts. We all agree
that two provisions OF the Constitution
and two acts of the Legislature have been
violated. TheIc is no difference Of opin-
ion there. The onl" question is, What
shall we do about it?''
Referring to Judge Connor's Resolution
OF Protest, Judge Allen said
"Before ia vote for that resolution.
I'd vote to do nothing. ! can't put my
self in the attitude Of saving that these
judges have violated tho Constitution yet
they ought not to be impeached."
Judge Allen referred to the plea that
The judges had made a mistake not
knowing it, and said:
Ignorance OF TIE law does not excuse
the humblest citizen in the land and GER
tainly it should not excuse those in high
place. II YOU are going TO excuse those
who do not know the law. then excuse
first those who have little or no opportu-
nifty to know it. and not the judges Of
The highest court in the land. who not
only have the opportunity, but whose duty
, it is to know IT,"
. !