The Caucasian. (Clinton, N.C.) 188?-1913, 1901-03-21
Trial Of the Judges.
Continued from Second Page.

Q-"Judge, please state whether
In arriving At the conclusions you
did arrive at, you were influenced
in any way by political am iations
OF parties 70 these actions, or by
p jlitical or party b a., or whether
you were Influenced at all In any
way except by the questions OF con-
stitutional and statutory lay and
statutory law and q uestions arising
under the Acts OF 1895. 1897 and
1897
Al am satisfied that I was
not; that ] was never influenced in
those cases by any such considers-
tions a. politics or political or party
bias. While In some Of the cases |
necessarily knew the politics Of par
ties, it was never allowed TO infiu-
cnce me aud ] would have much
preferred not to have known any
thing Of that nature"
Estate that if, at the request
Of your counsel, you have been able
to learn and note the number of
those cases decided favOrably to
parties Of opposite politics to you
and those vice versa"
Al never noted or paid any
attention until this thing has been
in hand; but since, at request of
counsel, / have noted that there is a
majority of cases / have acted on,
decided against the party / affiliated
with in politics. But l had never
noted or thought of this until re-
Gently, when l looked the matter
up, at request of my counsel"
Q-"State whether or not, in any
of these opinions you have written,
that you have had any desire or pur-
pose to treat any act of the Legisla-
ture contemptuously or bring the
Legislature into contempt
Al never have" positively.
GAS an Independent judge, l con-
sidered it my right and duty to say
when / thought an act unconstitu-
tional, aud never doubted that the
court had the right to say 80 when
an act was thought to be unconsti-
tutional."
81 have tried to avoid passing on
the constitutionality of acts unless
it was to tOrtify or strengthen de-
cision | had made"
Q.-"NOw, as to the case of White
VS.. State Auditor, wish you would
state the matter in your own way.
Al refer to Clark Kenan as to
dates The case was docketed at
fall term, 1899. 1t was asked to be
advanced. 1t was advanced, both
sides asking for IT., and argued du.
ring fall term of court. 1t went
over by an advisari and was deci
ded at the next term. knew moth
ing more Of it after it was decided.
1t was then near the spring term
aud went home, and knew moth
ing more Of 1t until QalD term Of
court.
zone day after the meeting of the
fall term Of court, Mr.. Harris, act
ing as attorney for plaintiff, came
lhpo SouAo kOA q WIN VI AdAu0"uS
Said Aver would not give him q
warrant and Worth would not pay
claim without 1t.
He did not say against whom he
wanted it. think asked Mr.. Har-
ris If he had given written notice.
He said mo-
81 said, there Is nothing before
, the court the case has gone of the
docket
Judge Montgomery said, why
don't you go to the clerk If you
want mandamus?'
"Mr. Harris walked out of court
II heard nothing for q while, un
til one day, after the conference
Chief Justice Falrcloth said to Mr.
Harris: Have you given notice t.
the other sidei'
| "Harris replied, mo-
"Well,' said the Chief Justice, wv,
cannot hear you.'
Harris then went of. In a day OF
two Harris again appeared in court
and so did attorney @. A Cook
Harris said he had come back for ,
mandamus, adding that Cook wa
with him, counsel for the other d.
and that he waived notice.
CLERK Kenan said: "Loge Harril
has been bothering me about ,
mandamus in this case of Whit,
VS. Treasurer. He, (HarriS neve
made proper application to me q Re
nam before now, and now / mean T.
give him the writ
~ said we'll, 1 think it is your du
ty to do It,
"a few days after that (after sup
per one evening in my ROOM Judg'
Faircloth came to my room wi b
type written form of mandamus.
HE (Faircloth) came in with tn
form Of mandamus, and he ha
given me this paper and asked m
to look oyer it and see If it Is col
rect
81 then looked at the paper, an,
suggested that there ought to b
some changes made.
"Judge Faircloth said: well
you take your pencil and interim
it, l believe I did take out my per
i'll and wrote what 1 considere
would be proper form.
While l was writing, he (Fair
cloth) retired to his room to take
smoke and asked me.to bring int
5 his room when I had finished it.
l II took it to his room and hanC
e ed it to him, and he read it an
3 said: 1T Is all right"
81 then wrote something add
, tional on it at his suggestion, m
: n ime, I think. I left the typewri
ten copy and my c. py with Jude
i FaiIc 9th and that is the last
0 have heard Of 1t until this trial."
Q-"At that time had there bee
e any differences between the judge
: at the conferences in the court ROOF
,. up to the time Judge Fairclot
, asked you to make that copy Of til
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