The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22
HOW ANOTHER CASE
COMES TO THE BAT
And All Joy Went Out From
the Volunteers.
IunnE nlARK 0N cTAMN
JUDGE CLARK ON STAND
What Did governor Jarvis Tell Judge
Clark That Day?
GOV. JARVIS OBJECTS TolTs BENG TOLD
There Are Stm, Well Authenticated RumTs
That Say the Coy rnor Went to His
Friend Kenan al d Advised Him
Not to Issue N ndaml S.

IIlCuu NCItou a. " VOVIoCN ttiit
Net to Issue N ndaml S.
The roll call at the opening of the court
showed 46 Senators present.
The prosecution called Justice Walter
Clark, Of the North Carolina Supreme
Court, as its first witness; and there was
Il buzz of suppressed excitement in gal
leries and lobbies, for everybody had
heard the threats of the wonderful things
the defense was going to do for Judge
CLARK 'if only once they were given a
scni~e''
Here was something better than a
squire, and as Judge Clark, with close
buttcned coat modestly came down the
centre aisle and took the Book in hand,
the audience smiled and congratulated
itself on being present at the show.
An hour later the smile was on the
other side OF the face, but that's another
story, as these who have the industry to
read further will see.
Col. Theo. F. Davidson conducted the
examination in chief of this witness. No
body conducted the cross-examination and
that is where the laugh suddenly shifted
to the other side of the face.
The first few questions we're of the
biographical order: Where were you
born" &c. The answers to them showed
the following facts:
Judge Walter Clark was appointed on
the Supreme bench by Gov. Fowle. on the
death CT Chief Justice Merrimon, in 1899.
For four years precious to that time he
was on the Superior court bench.
Did you take part In the decisions in
Col
wilson.
Il have taken part in every decision
since ! have been on the bench, except
these cases in which did not sit.' re-
piled the witness.
"You sat in all the office holding
cases?"
II did
Here On request of Col. Davidson, Judge
Clark tcld of the docketing of the case
OF White VS.. Auditor on December 18th,
1899, its advancement on the docket on
request Of Mr. r. H. Busbee and Mr.. ]. c.
L. Harris. and then of its argument before
the court by these attorneys cn December
1871"
THE MANDAMUS NOT ARGUED.
YVES any point raised in the argument
in regard to the right CT the court to
issue mandamus?"
mo the only question argued was as to
the amount of salary 20 be paid White.
In the conference also the judges said
that was the only question in it. When
they got through l told them they were
mistaken, that this case presented the
most serious question that ever came be-
fore the court-its right to issue a man
damus en- the Treasurer The Chief JUS
tice said no such point had been raised by
counsel in the argument / replied: You
five men said in Garner VS.. Worth that
q mandamus cannot be issued by the court
on the State Treasurer
The matter was then allowed to go
ever till May, when it was decided
The witness was then asked to tell
what he knew of Harris coming before
the court and asking for the mandamus
Early in October Of the Fall term
OF the court, Mr.. Harris came before the
court to move for mandamus. The Chief
Justice asked il he had given notice
10 the ether side. He said he had not.
Judge Montgomery said he ought to apply
to the clerk for his mandamus. Mr.. Har-
rs went out.
Next morning Harris came back, ac-
companied by c. A. Cock, now Associate
Justice, but then attorney with +. H.
Busbee for the Auditor and Treasurer.
Harris renewed his motion for manda-
mus. The Chief Justice asked him IL he
bad flied affidavits. He replied that he
hadn't considered them necessary He
was told that as no affidavits had been
filed he would not get his mandamus, and
he went away again.
THE COURT DIRECTED 1T.
'On Thursday, October 18th, Col. Kenan
met ne again and said he reckoned he
would have to issue the mandamus. /
replied that it was very serious matter
and that before he issued it he ought to
come into open court and let the judges
tell h-m to do so: that | wanted to then
state my objections
The court met in conference again on
Friday morning Col Kenan came in again
and wanted to know what he ought to do.
AS there seemed to be no hurry to an
swer him, he polled the court. Judge
Douglas was rather non -committaI at
first; Judge Montgomery was the same;
Judge Furches said issue it; Chief Jus
tice Fairclcth said: AS an individual.
say you ought to issue it, Now turning
again to Judge Douglas. he used the
same formula as the Chief Justice. Col.
Kenan appeared still not to be satisfied,
but after some further words he went out
apparently satisfied.
When ! came out of the court room
J asked Col. Kenan what he proposed 10
DC about it. He said he'd have 10 issue
II. ! told him ! did not think the court
WAS explicit about it and asked him TO