The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-15

exercised in the INTEREST of Reurblt-
cans. Capt. Bill Day, who gave the Su-
preme court the opportunity of renier-
ing their notorious decision on the In.
dissoluble union of indestructib1e ft;nc.
tions was the appointee of the Ren1lbii-
can administration. and the Legisla1,,ra
which was wrecked on his impregn4hla
fortress was a Democratic Legislature
And lastly, the man of the mar1a-
mus to whom the Supreme court made
the State of North Carolina stand and
deliver. was Theophilus White. a Re.
publican. Take White VS. Auditor and
Ward VS.. Elizabeth City and proceed nv
comparison and elimination. and thp
one thing that distinguishes and diff
ferentiates the two is the Question Of
party. The court lays itself under the
suspicion that having ascertained that
the majority judges voted. ShaKes-
peare said: Thrice armed is he who
hath his quarrel just If he had lived
today he would have said: Thrice arm
ed is he who belongeth to the same DO
litical party as the judge, and helpeth
to elect him to an office which he pres
emily disgraceth.
"In reading these offce-holdng de-
cisions the impression made on the UNI
biased mind is that the court, instead
of searching to ascertain the law, We're
groping for authority to justify a pre-
determined course. | am willing to
give their acts the benefit of a literal
construction. to take into conslGera-
ton that a mans mind may be so hon
estly preiudiced that he follows its
has into grave mistakes without any
consciousness of doing wrong; bat
am not willing to concede that this SUI
nreme court in this Theophilus White
matter disobeyed the legislative will
and violated the Constitution in any
such innocent and unconscious way.
The hesitation of these judges, the at
tempt to shift the responsibility from
themselves to Col. Kenan. shows not a
conscience, but a consciousness of guilt,
a fear of the consequences that shrinks
from an act towards which corrupt
purpose too irresistibly impelled them.
Shall we censure them? Shall we
protest? CenSure the offence when we
ought to punish the offender-protest
against the crime when we ought to
protect the people against it's conSe-
uuences? | want no part in a censure
which advertises a duty we dare not
perform / wash my hands of protest
which proclaims the grievance and
lacks the courage to redress it. Such a
course does not befit the history of
North Carolina, whose people are more
famed for vigorous action than FOR
wordy protest 1t does not represent
the people who threw Governor Martin S
Int Fnar W hO GpiZ-
ed his British Matestys stamp officer
and made him swear not to exercute his
office.
"Who twice in the history of the State
arraigned and impeached the Governors
who demonstrated his untitness to rule
over a people SO jealous of their liber-
ties, lienal descendants, in blood and
spirit of the ancestors who at ancient
Bunnymede laid hands upon the king
and forced recognition of that very
clause of the Bill of Rights, which, en-
grated into our constitution, was spit
upon and scorned and violated by David
NJ Furches and Robert VI. Douglas
when, in the acts for. which they are
challenged they refused The Legislature
of the State of North CAROLINA the right
to make its laws without let or
hindrance. 1t is no time for an emas-
culated protest The gravity of the
situation warrants action.
1--WE CONGRATULATE the State that il
has entered the new centur' with bril-
liant possibilities, brighter hopes of Sc
curity and progress, guaranteed by a
constitution that is at last enlightened
fair and just If the State ever needed
on the bench men who are beyond sus-
picon, immaculate and above re-
proach who are fit to wear the mantle
OF Castor and Ruffin. it is now. Let
the Judges be tried. If innocent, TO be
vindicated: if guilty, to be impeached
Mark this Not merely to punish then
for the crime but to remove them. tC
safeguard that immediate future which
| is crowded with issues of such momen-
| tous consequence to the State, to pro
| tect the people against any further en-
croachment upon their Constitutions
rights by court which has done shame
| To the ancient SacredneSS and dignity
! of the bench, and has prostituted it!
| high power again and again, to partisan
| ends.
THE vote | shall cast in favor of this
| resolution Is deliberate anu DellSNC
cast it in the interest of the people O
| North Carolina, whose welfare depend!
ON the victory of law and order
CENsURE NOT ENOUGH.
Now, Mr.. Speaker. does any oppon
ent of impeachment, except possibl!
our Republican friends, contend tla
this state of affairs ought 10 exist
Shall we encourage it by ignoring It
| Have we the right?
MR. HOODS SPEECH.
Mr.. Hood was the next member to taxi
| the floor He said in part Il am no
urmindful of the momcntOusncss Of III
| question that stares Us in the face 10
solution. and it may be that it is pre-
| sumption in me to reply to the distin
| guishcd speeches that have been mad
| here. | want TO say that ! do not be
lieve that these distinguished gentleme1
have been prompted by any partisan feel
| ing.
Mr. Hood then went on to examine int
! the origin OF the writ of Impeachment
He said it was the old English writ, tn
last resort Of the people in the most eX
| trcme cases. when they wished to rcmov
| from office man whose tenure was sucI
| that no could not be otherwise reached