The Caucasian. (Clinton, N.C.) 188?-1913, 1901-02-21

rhe judges are not on trial Tor their
Ieci ion ~ this care. The Lgi-h-
ure b holding thcm responsible for
aying N ofiicxr of the State can't
~ deprived OF his salary while In
,ffice.
We have there the spectacle OF .
gentleman holding m ofiice under
the highest legislative and judicial
and The Legislature saying
ne shall have no pay for IL. The
simply gave . remedy 10
= citizen and officer OF the State, who |
was remedyless. Whites
claim was not q claim against the
State as contemplated In the consti- |
tuition, for the constitution says that
claims against the State can only be
brought before the Supreme Court
by petition. Whites claim was
brought In the Superior Court and .
mandamus ordered by Judge Star
buck.
The Supreme Court consurred In
it's opinion that Judge Starbuck had
jurisdiction In the case.
The Legislature Of 1899 passed the
act for the purpose If circumventinG
the laws Of the State. This was an
open secret and known Of all men.
No lawyer disputes the proposition
that every section Of an act can be
construed on the principle of In para
materia. The only difference be-
tween what the Legislatures Of 1895
and 1897 did and the action Of the
Legislature OF 1899 was that the fus-
ionists were holder. They openly
attempted to take the offices held
by Wood and other Democrats. We
were more astute. We clothed the
purpose CT the act Of '99 with differ
ent verbsxe and legal phraseOlOgy.
We were trying to take from a man
his Office and rights, which had been
given him for four years. In Cot
| ten VS.. Ellis 1t Is held that man
can't be starved out of his Office.
You can't make . man perform the
duties Of his Office and take the com.
pensation away from him.
believe the court could have said
White was entitled to 50, 800 dollars
We talk about subverting the right.
Of coordinate branch of the State
government when we have passed
an act intended to subvert the prin
Iciples Of our highest court. In thu
fact Of the law we attempted to vic
late the existing law when we wrote
chapter 81, Of the laws of '99. W.
have law in North Carolina pre-
scribing an impossible method TO
the payment Of an officer.
It Is claimed that the Supreme
Court waited until the members o
the session of 1899 were out of Offic
before they ordered the issuance o
this order. And yet you know tina
they knew that the election Of 100
would send back Democratic legi-
lature that was equally powerful t
lmpeach. We ought to be anxiou
IN the Investigation of 80 grave
matter to put the fairest construt
zion possible on the motives of othel
wise good and conscientious men
, Why they say they shufaed on tn
. bench, when the evidence show
, that the court was divided In OpiI
ion, and why should we not rattle
conclude that in not acting hastily
they were honestly seeking the lin
ot duty. We should be more chal
liable. Judge Montgomery side
: with the court in the decision OF tn
: White case and he only dissented s
to the manner of payment.
If the opinions Of this court
the last two years were efforts I
y thwart the will Of the Legislature
then the court has been guilty {
that offense for the last fifty year
In the case of Burton against Flu
man no money had been set apart
l. pay him and the decision was base
q upon that fact. In the case Of Whit
Is there were two judgments settir
Q out the amounts due him and b
It right to the same.
Judge Starbuck not only ordere
the issuance of the writ, but he wei
- further than the Supreme Cour
" Who lost by the corruption charget
'e Why the State saved 81, 400 by til
'e decision. It's not the amount, b,
=. the principle involved, says JUDI
- Allen. There il the law in the IS,
g. North Carolina Reports sustainil
/, the decisions of Judge Starbuck al
1t the Supreme Court. If these judg
have followed the decisions of Il
Supreme Court of North Carroll,
we should 60 no further in the
proceedings. / have given the
decisions careful Investigation and
K am satisfied the judges have not go
outside the law as thus laid dow
I have studied this question and
am satisfied. I conceived it u
). duty to 60 through the matter
N myself, and I am satisfied the jude
acted within law. rf they ha
violated the law, this evidence mt
u show beyond the peradvsnture OF
IL doubt that they acted corruptly q
y maliciously. I have been taug
lie that men do not become corrupt
he q minute. When men from weste
r. North Carolina, who come from t
home Of the Chief Justice, say
has lived life without reproach
cannOt believe that he can fail
ne suddenly from so high a pinnacle
y. unspllied honor. This Legislatu
III Continued on Third Page)
Ss THE GREAT Ex'S.