The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-03-19
THE FIRST SESSION OF THE COURT OF
IMPEACHMENT.
OPENING SPEECH FOR THE STATE
Chairman Allen OF the Board OF Mama
gers Addresses the Court, Presenting
the Five Charges Preferred-Judge
Furches Present-Judge Douglas
Prevented from Attending by Sick-
ness-Court Adjourns After the Open
ing Argument.
Especial to The Messenger.)
ing Argument.

Raleigh, N c., March 1.-THE i'm
parchment trial began at 1880 o'clock
A great throng Of spectators, two
thirds ladies, was present.
Judge Furches was present. Judge
Douglas has the grippe and was unable
to leave his o The nine managers
on the part of h house and their five
lawyers were present. also some of the
lawyers who are counsel for the JUDGES.
Representative Allen. of Wayne,
chairman of the board of
made h opening argument for the
prosecution. He said there had been in
fuence at work creating the impression
or spreading the report that the people
did not demand and were opposed to
n trial. This was not a matter Of
which the senators should take cogni-
zance, for even admitting the public
were against the impeachment, it
should not deter the strict perform
anc of duty. He did not grant the peo-
pie were against it. and the impression
in most instances could be traced ITO
those personally interested. The house
had acted from no motive except the
public good. No republican had been
denied admission into any session of
the committee. 1t had been said this
was a small matter, only $50; but a
vital principle was involved. Impeach-
able offenses are the violation of the
constitution or the law or an official
oath or an act committed or omitted or
an abuse of discretionary powers by
improper motives.
Five charges were made by Mr.. Allen
against he judges.
1. Violation of section 9. article 4, of
the constitution.
2. Violation of section 8. article IA, of
the constitution. hat no moneys
should be drawn from the public treas
ury except by legislative appropriation.
8. Violation of chapter 10, section 8,
laws of 1893, which forbids the payment
except in a prescribed method.
4. Violation of chapter Il, laws of
1899.
5. That in a series of decisions during
two years they disregarded the acts
and will of the legislature.
Mr.Allen said the answer of the
judges was a remarkable document,
combining the learning of a lawyer,
skill of a diplomat and the craft of a
politician.
Mr.. Allen said the same power which
Duh make IN appropriation could
withdraw it. There is no popular right
more Zealously guarded than that of
control owe the ~purSe-Strings of the
state. The judiciary is now, according
to authorities, the weakest branch of
the government. The safety of the
state demands that the right of the
legislature to make appropriations be
maintained.
Mr. Allen called attention to the
judges conduct in issuing the writ in
Whites case. Why. if nothing was
wrong, did not h judges order the
writ issued in open court. instead of
going to the clerk privately and so tell
ing him. He argued that the dictrine
of Hoke VS.. Henderson was dangerous
and had been carried to extreme.
Judges ave carried. this doctrine ito
such. an extent that it is almost impos-
sible to abolish a public office in this
state. The house managers for the peo-
pie asked that the judges be tried as
other men and if proved. guilty on
these charges. convicted.
The court then adjourned until noon
tomorrow.
The taking of evidence in the i'm
parchment case is to begin tomorrow.