The news & observer., 1901-03-21

don't remember about the argument
q DON'T KNOW"
The next dozen questions were an
swered Rizzio- like, Il don't know.
"Do you know that this court for the
| past ten years has held that suit against
| the Auditor and Treasurer is a suit
against the State?'
81 do not-I do not know" (Agrily and
enphatically).
Another dozen questions were answer
ed: 81 do not know" Then Mr. Watson
said:
This court has got 10 pass upon these
questions"
"Oh you are talking to a boy" retorted
the witness
II didn't think you were boy" prompt
ly replied Mr. Watson
II say you talk like you were talk
ing to a boy" angrily protested the
Judge.
Here counsel paused a few moments for
/ a cooling off on the part of his witness,
then he proceeded by asking him if he
thought the Legislature intended to with
draw the appropriation from White. The
witness said:
1.-The act specifically says So AS to
the intent of the Legislature you can
decide for yourself. I'll not pass upon
the motives of the Legislature unless
am compelled to do So"
The witness added that he never passed
upon the constitutionality OF an act if
| he could help it and went on to say:
81 prefer peaceful paths. l know the
| danger of a clash between the different
departments of government
"You know the danger in encroach-
ment?" suggested Mr.. Watson
DEFIANCE FLUNG TO THE COURT
II do And I say further l don't dodge
the questions you are asking. and when
ever any power stronger than l am de-
sires to dispense with my services as
judge l am ready to CO.
Having flung down this defiance to coun-
sci and Senate, the witness Strengthened
himself N the chair
Asked if he didn't see hesitation on the
part of the court in regard to issuance
of the mandamus, Judge Montgomery re-
piled:
mo l saw NO hesitation-there was
none. Judge Fdrchcs quick as lightning
replied and gave his opinion. Judge Doug
las was equally emphatic, but with more
polish of manner. The Chief Justice in his
usual monosyllabic way said, Issue it,
'You rendered that decision in May?"
yes"
"And there was nothing more heard of
| it till October?"
mo, and 1 prayed that 1 might never
| hear of it again"
You were tired Of" The question
was never finished
''Tired of all the office holding cases"
"You knew, though. that those officers
do,
II did not
Didn't you hear Harris say so in
court?"
Have you not read where he said so
| in his evidence?"
''No, and want to say that if he says
| he told the court that didn't hear
| him.
HE DIDN'T LIKE THE LAUGH.
A laugh rippled over the Senate cham
| Der and galleries. Judge Montgomery,
| red with anger, and directing his remarks
| to Mr. Watson, said:
You laugh-you needn't laugh. You
| ask me serious question as a Supreme
court judge and then you laugh when l
| answer it. l am entitled to more re-
| spect."
| T..
that laughed but some one else. He said
| he was never more serious in his life.
| He now asked:
''Whv do you disclaim that the court
| was in session.
because we were not in session"
Hasn't Col. Kenan often gone into con-
| ference for instructions"
Yes, but he couldn't have understood
| that he was ordered by the court-as
| ccurt-to do that thing"
What did you mean then by saying.
| That settles it, after Col. Kenan had
| polled the court on the question of is
| suing the WRIT"
Il meant that his duty was plain. 1t
never occurred to me that the clerk would
| disobey instructions to issue manda-
| mus
| This completed the cross examination
and Mr. Watson said he wanted to apollo
| gize to the witness if he had seemed dis
| courteous.
| Judge Montgomery said he didn't think
| it proper treatment to ask him a ques
| tion ard then laugh at his answer.
| Mr.. Watson said there were times when
| he couldn't help laughing.
| QUESTIONS BY. SENATORS.
Senator Henderson now sent forward
| the following question, which was asked
| by the President:
| what arguments were used before the
| Supreme court in White Us. Auditor III
| regard to the question Of ordering a man
| damus to issue against the Auditor and
| Treasurer"
| 81 don't remember"
| Senator Morton sent forward two ques-
| ticns as follows:
"Is there any law in this State maxi
| ing office property"
mo"
'Tn the absence of such law please eX-
| plain the right of the Supreme court to
| make office property?"
Il will not undertake to do that. the
| doctrine is based en- Hoke VS.. Henderson,
written by as able judge as ever sat
on the bench. The doctrine comes from
judicial construction and has been pre-
served all this time
On redirect examination by Governor
Jarvis, the witness was asked to read
from Wilson VS.. Jenkins, 72 N. c., and
he was asked
How do you construe that?"
''To mean that the writ can issue un-