The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-22

/
court and right to expect their in
struction. He is a lawyer of eminence
and character. He had read the judg-
ment, of course. Counsel say the judg-
ment rendered in the spring already di-
rected him to issue a mandamus. Is
that so? Not at all. There is not one
syllable in the Judgment about a man
| damus There is no direction in the
| Judgment for mandaDnus. clerk has
! to act upon the Judgment, not the opin-
| ion. 1t is the clima.l of the opinion.
Yet. driven from pillar to post, in shut
1 fling and classification" when asked in
| october they did not say they had al
ready ordered mandamus. 1T is Wen
/ settled that a suit is always pending
before q. court until 1t is satisfied.
"How to do it and how not to do 1T
seems to be the maxim of the court
They didn't remand the case to Per
ol1imans-they modified and entered
Judgment in the Supreme court and
/ there is no suggestion in it about lssu-
| ing a mandamus writ Their conduct Is
| most as bad as dating deed back IN
| order to get rid of judgment Ihey
undertake to deny knowledge OF the
resolution of the legislature OF June
] 18th. when it was a matter of common
| knowledge.
| If they thought that the Judgment
authorized a mandamus writ, why
didn't they say so when Harris asked
| for a writ? If that had been true, they
would have said, when he made his ap-
plication: That is superfious. We
have already made tie order. Instead
of that they said: "Have you given
notice?' Then this lodging begins.
They begin to twist out of it. Harris
| telegraphed to Cook and notice is
waived. They pass that bridge. Have
YOU got the affidavit They now say
their Judgment directed the issue of
mandamus writ, and vet twice gave
other reason why it could not be
granted,
Col. Kenan knew he was handling
edged tools, that he was travelling on
thin ice. He then detailed the various
conferences when Col, Kenan was ask
ing for instructions.
Saturday morning Judge Clark writes
| his dissent They are now face to face
with his prohibition in the Constitution.
! Judge Clark demanded to put his dis
sent on the record. j was a respectful
Olson in Pennsylvania was kicked out
of office because he wouldn't allow his
associate to charge the grand jury But
here Clark was not allowed to file his
protest He would have been culpable
if he had been silent. 1t was time to
! be positive-to act, one way or the
other. sss
Think of a Supreme court conduct
ing, itself as this one did. AS law
yer L feel Inundated to know that we
have a Supreme court that lodges, re-
fuses to take responsibility. Why did
they not direct Col. Kenan openly? But
they say 1T wasn't before for the
COURT while there was the application
for writ by Mr.. Harris and request
from Col. Kenan for instruction. Isn't
/ it clearpit was before the court? In the
| case of Lord VS.. Beard. Judge Bynum
said: An action is PENDING until the
plaintiff has obtained the fruit of his
recovery" This opinion has never been
overrnled. Repeatedly held that a case
is always pending in court until the
plaintiff is satisfied. Not until this day
has the White Judgment been marked
satisfied in the Supreme court. 1t is
still an open case so far as the record
shows.
you are to say by your verdict
whether you will send these men back
to repeat such conduct. If you acquit
them, the people are powerless. You
have a gerat trust to perform Impeach-
ments are not so much to punish men
as to remove unfit men from office.
Maj. Guthrie then took up the famous
Louisiana case upon which he relied.
After the war, the Legislature repud-
lated the bonds and agreed to pay six
ty cents on the dolla.. Taxes to pay
the interest and provide q sinking fund
on the sixty cent basis was levied and
collected Afterwards the Legislature
repudiated the whole business and CT
dered the Treasurer not to pay the
money though it had been collected for
that purpose and was in his hands just
as is claimed in the White matter.
suit was broughth to compel payment.
The United States Supreme court held
that though this money had been set
apara-a specific appropriation to pay
the interest--it could rot be paid, the
money being held by the State officers,
and they cannot be controlled by credl-
tors but hold the money, as they hold
all moneys, for the people as their SER
wants Chief Justice Waite rendered the
decision and gave as reason that in
legal way the people had refused to
pay the debts and they could not be
forced, though raised for the specific
purpose. This case has been approved
in quite a number of cases in the State
and Federal courts since then. The
Legislature, speaking for the people.
ordered the Treasurer not to pay the
White claim. Away with this idea that
the State Treasury holds money to pay
the sacred salary of an offices, though
for no other purpose Suppose the
Judges had hunted as earnestly for au-
thority to get rid of this case as Judge
Montgomery said they did for authori-
ties to support their decision. They
would not be on trial today
The twelfth amendment to the Con-
stitution to the United States forbid
ding a suit against Slate by citizen
of another State to sue State in the
Federal court was res eived and COM
mented upon.
In the White case, they say: I'VE
didn't intend to do anything wrong. If
we erred at ALL it was Ct the head. We
did not know White. We had no polit-
ical bias" What are you going to do