The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-19

" PelIoIHl the plain Ministerial duty oil
paying the officer the salary to which the
court had declared him entitled
THE CLAIM NOT REPUDIATED.
Judge Bynum asked the court to note
that the act did not in terms repudiate
Whites claim or forbid the payment OF
any compensation to him, but that its
direction was that the Treasurer shall
not pay any compensation to any person
lor services rendered concerning the
shell-fish industry unless such person is
authorized to render such services under
the provisions of chapter 10. He argued
mat the court had already, in White VS.
Hill, held that chapter 10 was an amend
ment to chapter Is and that under it the
ONCE belonged to White, and that he
should perform the duties of that office
IN accordance with the provisions of that
act He added: white performed the
duties of the office, and it is a we'll
established rule that where a public Off
Ger has rendered services pertaining to
the welfare of the State the courts are
favorable to any reasonable construction
OF the law that will secure his pay
ment"
The court having decided in White VS..
Hill that White was legally in office, he
was as much entitled to the salary an
nexed to the office as to the office itself,
and could no more be deprived of the
former than of the latter. The court had,
therefore,s jurisdiction to make its judg-
nent effectice by adequate proceedings;
olnerWiSe the Judgment of the court
would have been Intellectual and the Of
ncer would have been without remedy; for
IL Is reasonably certain that if White had
applied for relief under article 4, section
OF the Constitution no Recommendation
by the Supreme court for the payment of
saIls salary would have been needed by
The Legislature which had attempted to
deprive him of his office. g
If the Legislature had the power to
stop the pay of White it has equally the
gpowerto stop the pay of any other salar-
lied officer of the State, whether he is
legislative or constitutional. officer, and
thus by a process of starvation under
mine and submit coordinate depart
ment regarded as the balance wheel of
our form of government Article 4, sec
ton g. Of the Constitution was never in
tended to confer that power on the Gen
cral Assembly If White, therefore, has
applied for relief under that section of
duty of the Supreme court to dismiss the
case for want of jurisdiction. It's decis-
ion under this section could not be en-
forced by any process of the court it
would be merely advisory and bind simply
to the discretion of the Legislature.
JURISDICTION OF THE COURT.
The original advisory jurisdiction of
the Supreme court conferred by article
4 q oT
application to cases of this sort, but re-
late to wholly different class of claims,
to-wit: Where the State through her Of
flcers or agents has committed trespasses,
injuries or wrongs, upon her citizens and
where they cannot sue the State, but in
equity and good conscience might be en-
titled to compensation Instances would
be the impressment of private property
and trespasses upon houses, lands or
prisons. In these and other injuries
where the damages are uncertain in
amount and the liability of the State is
disputed and involves principles of equity
and justice more suitable fer the in
vostigation of legal tribunal than a
legislative body the matters involved are
retired by article A. section 3, to the Su-
preme court for its advice and recon-
DlCQQaIlOn
White therefore, properly began his
action in the Superior court and upon
the final judgment on appeals to the SUI
preme court he was entitled to the pro-
cess of Tlandamus to recover his salary;
and that writ was issued according TO
approved presidents and in conformity
with law, even if it should be held that
the statute was intended to deprive him
of his salary"
The case of Shaffer VS.. Jenkins, ~
y. c., 275, was discussed, as tending to
show that White was rightfully perform
ing the duties prescribed by the act and
was entitled to be paid
The real and true question in the case,
said the speaker, is this: did the Re-
snondents cause the writs to be issued
with the intent to violate the Constitu
tion and laws of the State?'
'And now, Senator's, having hurriedly
gone through the charges which have been
preferred against these Judges, having re-
viewed briefly and imperfectly their be-
behavior since they came upon the bench
RECORD OF THE JUDGES.
II invite you to look back upon the record
of their official lives and discover If you
can anything so dark and criminal as to
Justify the in1iction of the terrible pun
ishment which would be involved in a
conviction upon this impeachment. Where
is the crime, where is the wrong they
have committed?
'One of them, son of an honored faith
or. whose name and fame are dearer to
him than any other possession, has
scarcely reached the meridian of life, with
bright prospect of future usefulness be-
fore him.. The other, product of our 1
native SOIL rugged in his honesty and
integrity, full of years and rich in the re-
spcct of his fellow men, is fast approach
ing the evening of life. AS Mr.. Webster
said Of judge jay, when the ermine fell
upon his shoulders it touched nothing
less white than itself. In their name |
soy to you, as the great Hebrew judge
said to the people of Israel in the olden
time Behold here am: witness against
Ble before the Lord and before His An
rcinted, whose OK have taken? or whose
ass have l taken? or whom have / de-
frauded? Whom have l oppressed? Or of
whose hand have l received any bride
TO blind mine eyes herewith And |
trust the answer of this Senate will be
like that which the people of Israel gave
TO Samuel They said Thou hast NOT de-