The news & observer., 1901-03-20
From Iredell county"

| sons ana putting Caldwell and Pearson
into the office.
WAS there any dissent in that case?'
"Chief Justice Faircloth dissented
alone.'
Coming to Days case, the witness
stated the facts in the case. and explain
ed what he considered the difference be-
tween Days case and Wood VS.. Bellamy
Whites case, he thought, was practically
the same as Days case.
WAS there any other well-established
principle of law in the White case?
| "The principle of in pari materia, which
was involved in most of these cases from
Wood VS.. Bellamy
IN PARI MATERIA.
| At the request of Gov. Jarvis the VIII
ness explained this doctrine, and IN DO
| ing SO he read extracts from his opinion
| in the case of Green VS.. Owen. Among
the paragraphs read was the following
which caused quiet smile to ripple over
| the audience
"The identity of the chrysalis is not
changed even by the gorgeous wings of
| the butterfly"
Governor Jarvis now asked the witness
whether or not he remembered who coun-
sci was in Wood VS.. Bellamy.
Mr. Watson for the prosecution, object
ed to the question and the objection was
sustained, Governor Jarvis then asked:
Were the questions involved in Whites
case the same as in the other cases?"
"They were"
WAS White VS.. Hill a unanimous de-
cision?"
Judge Clark dissented; do not think
Judge Montgomery did
Now the witness and counsel came to
THE case-White VS.. Auditor; and Gov
Jarvis asked:
when did that case first come into
the Supreme court?"
Fall term, 1899"
What was the first motion made in
it,"
''To advance it for hearing, as it in
volved Question of public interest. That
was DONE
''Was there anything unusual in doing
that in such cases?"
~ think not
When was it argued?"
AT that term
The witness thought it was decided on
May %. and that court adjourned on
June 14th.
How did the court happen to sit so
long at that term?''
Il was largely responsible for it. My
health had not been very good, and there
we're several important opinions assigned
to me to write. The court was held open
for me to file my opinions"
THE WRIT OF MANDAMUS.
Coming to the mandamus, Governor
Jarvis asked
state whether you knew any of the
facts in that case other than appeared in
the case agreed?"
81 did not
"Was the case actually argued in your
court?"
1T was. and the opinion of majority
of the court was that he was entitled to
writ of mandamus. His right to the
office had been determined at previous
term, and it was now decided that he was
entitled to the ordinary method of
obtaining his salary"
Ibid you know White at that time?"
Il have no recollection of ever having
met him till the other day"
Were you unduly Influenced in that
decision?"
Il know of nothing that could possibly
have so influenced me-
after the decision, when did you next
hear of the mandamus?'
when Mr.. Harris came into court and
complained that he couldn't get his
money
What occurred then?"
my recollection is about the same as
that stated here yesterday by Judge
Furehes.'
What occurred next timer
"The first time he came in, there was
something said about his not having given
notice. The second time Judge Montgom-
cry said something about there being
nothing before the court. l know that
was the view we took of it,"
when did you next hear of it?"
"Col. Kenan came and wanted the court
to instruct him to issue the writ. That
the court declined to 10 on the ground
thai there was nothing before it on which
to act. Col. Kenan may have come be-
fore the court again, don't remember,
but on the 18th, at night, Col. Kenan
came to us and said that i'll view of Judge
Clark's action he wanted the protection
of an order of court. | should state,
however, that previous co this time Col
Kenan had brought around to us paper
purporting to be a protest and dissent by
Judge Clark. / have now copy of it.
told Col. Kenan | could give him my indi-
vidual opinion. but that could not protest
him; that if he wanted to get it before
| the court he could refuse to issue the man
| damus, let rule be served on him to
| show cause why he siould not issue it.,
| and then the court could instruct him.
! Col. Kenan said he didn't want to do
this"
Here the witness read a paper that he
| said he read to Col. Konan on that occa-
| sion This gives Judge Douglas opinion
"as an individual memacr of the court. !"
| He continued
THE lmatter came before the court
| again next morning in conference, when
| Col Kenan appeared and asked instruc-
| tions. We distinctly told him we could
give him no instructions as court, as
| there was nothing before the court but
| that as individuals We would direct him
| that it was his duty to issue the writ
At this point the hour for adjournment
| of the court arrived and recess was tax.
en- till o'clock.
The Afternoon Session.
/ At the afternoon session of the cour
only Al Seaators answered to the rol