davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

salary of $1,000 per month under the
act of 1897 and the Board of Shel1sh
Commissioners. The question as to
how White should get his pay was not
then involved.
About six months later the case of
White VS.. Auditor came before them,
in which White was seeking to get pay
Judge Clark pointed out to them the
fact that there was no appropriation
for Whites salary, that Chapter 81, of
the Laws of 1899, plainly excluded him
from the appropriation in Chapter 10;
that his claim was a claim against the
State, and no writ could issue to enforce
IL except in plain violation of the Con-
stitution, Judge Montgomery told them
in his dissenting opinion, that even if
it were admitted that there was an ap-
preparation, it could not be drawn law
fully for the reason that the statute
provided that it should only be paid out
upon a certificate of the Secretary of
the Board of Shellffsh Commissioners,
countersigned by the chairman of said
board, and the court had, six months
prior thereto, in White VS. Hill, abolish
ed that board. The court itself had de-
stroyed the machine through which
alone that appropriation could be law
fully reached.
The court evidently to dodge that
unanswerable argument declared White
to be chairman of the dead board, and
his clerk secretary thereof, and ordered
the Auditor and Treasurer to- pay out
the money to White, not according to
law, but according to the statute as
near as may be- or. H. effect, pay it
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

Twill be recorded for precedent,
And many an error by the same example
Will rush into the State. 1t cannot be-"
In a very short public service en-
bracing only two terms in the Senate.
have been twice required to pass upon
charges Of official misconduct in this
State. What is the matter with the pub
lie services May not the people well and
wisely become alarmed for the safety of
the honor of the State? Is there anything
so much calculated to agitate them? Is
not purity in the public service of the
first Importance to the safety of the
State, the securely of property, the peace
of our streets and the happiness of our
homes? hold 1t to be the pivot upon
which swings the needle of hope that
points the generation of the future to the
enjoyment of our splendid institutions.
Then let the representatives of the
people carefully semterize it, and let this
high court--the only agency set apart to
that end-safely guard it and hold public
officials to strict accountability, disdain
ing and repelling the dangerous PROPOSE
tion seemingly urged here in behalf of
these Respondents that the unlettered
private citizen should be tried by a
harsher rule than he who is chosen for
his learning to administer the laws o.
the State.
The conclusion from the facts given liz
evidence in this case is irresistible by
me: that many of the office holding
cases are defantiy thrown in the teeth
of the Legislature of 90. They are ire
concilable upon legal grounds, but upon
the ground of political machinery moved
by the usurping arm Of a partizan judi
ciary, they all blend into a happy and
harmonious union. A justice of the court
asks to Sut on the minutes Of the court
a protest against what he thinks is an
infringement Of the organic law. He is
met not only with a positive refusal from
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

the whole court. but from one member:
'Ycu are writing politics when you pro-
test this court putting it's hand in the
public Treasury or annulling the statutes
of this State"-the slightest evidence of
which IS absent from it so far as / can
see. Another soys Put your dissent
against this action of the court in the
columns Of obituaries | would add to
that sentence to make it complete, that
it MAJ moan the requiem of a Constitu-
ticn that gradually, dies under the
strokes of my judicial battle-axe. An
other says: 80 much has been said about
this matter that | prefer to keep my copy
and rot return it," Was this trial an
ticipated?
The only excuse given is, first, there
had been one dissent from the Judgment
in the case. l reply, suppose there had
been fifty, what Of that? Second, there
was nothing before the court" / reply,
that having seen fit to enter judgment
there for money demand. there was
case pending until its settlement; but II
not correct in that, that is not neces-
sary that case should be on trial to
open the minutes of the court to
Justice.
The colloquy related above doesn
sound to me like the language of North
Carolina Judges around the council board
of the highest tribunal of the State, and
disapprove it; denounce it, condemn
it. If not such avert acts Of misconduct
as TO warrant removal from office, it af-
fcrds strong confederation of avert acts
Dr IN +
yond any doubt reasonable to my mind
that the Constitution and statute law OF
the State has suffered violence at the
hands of the Respondents, and that for
the acts alleged and proved the are i'm
peachable, and l therefore vote guilty on
all five articles.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

Of the State to audit claim and against
the Treasurer of the State to pay the
claim to Theophilus White; upon which
and by virtue of the writ Of mandamus,
the money was paid out CT the Treasury
of the State. Did Respondents direct the
writ to issue? They testify that they
did. in the opinion in White VS.. Auditor
The testimony shows that they did in
conference, and this is not denied. Was
this forbidden by the Constitution? Ar
ticle a. section g. of the Constitution,
saws. "The Supreme court shall have
original jurisdiction to hear claims
against the State, but it's decisions shall
be merely recommendatcry; no process
in the nature of execution shall issue
thereon; they shall be reported to the
next session of the General Assembly
for it's action
The General Assembly, by chapter 81,
Of the acts Of 1899, forbade the payment
Of money, on account OF which Whites
claim was based, to any person except
those named in chapter Is OF said acts.
This is the plain effect of the act. And
this act withdrew any appropriation
heretofore made, so far as WHITE was
concerned So l conclude that the crder-
ing of the writ of mandamus was in
direct conflict with the Constitution OF
the State and contrary to the plain pro-
visions of the law of the land, and
against the express will of the Legisla-
ture. / cannot give my assent to this
act of the Respondents, and the precedent
which is thus established, III putting in
force the powerful mandate of the court
to go into the public treasury and take
money therefrom, contrary to the Con-
stitution and against the clearly ex-
pressed will of the representatives of the
people / regard this as fragrant vio-
lation of the Constitution and laws and
an assumption of power by the court that
is dangerous. l think for these reasons
the Respondents are guilty Of the charges
contained in the first article of impeach-
ment and / so vote.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

The Constitution OF our State is the
supreme, organic, written law, to sur
port which every man heforS he can vote
and every officer before entering upon
his official duties must take a solemn
oath. The judges ought to b" the read
lest and quickest to maintain and de-
fend this great instrument because they
are familiar with its provisions.
Article 4. section 3, of this instrument
provides that the Supreme court shall
have original recommendatory jurisdfc-
tion of all claims against the State, but
that said court shall not issue any pro-
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

BEWARE OF GREEN FRUIT.-Now in
the heated term people should pay at
tention to their diet, avoiding unripe fruit
and stale vegetables which invariably
bring on cramps, cholera morbus, or diar-
rhoea Children are particularly subject
to complaints of this kind, and no mother
can feel safe without having bottle Of
Pain Killer. 1t is a safe, sure and speedy
cure. Avoid substitutes, there is but
one Pain Killer, Perry Davis. Price Is
cents and so cents.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

emntorv mandamus to the Auditor and
Treasurer was a violation OF section y,
article 4. of the Constitution. | am urged
to say that it was not, because the sub
ject matter of the action in which 1t was
issued was not claim against the state,
it being a question whether the plalntln
entitled to be paid for demand for both
a salary and unascertained and uncai-
culated expenses. l have thought OF THIS
studiously 1t is said that the once
holding cases" are we'll decided in hold
ing that an office is property and that
the office occupies a constructual relation
to the State which cannot be impaired
by revocation by the Legislature during
his term and his demand of salary is
not a claim against the State in contem-
plation of the section of the Constitution
above referred to: but 1T is EXPRESSLY
admitted that if an artizan builds a
structure under contract with the State
his demand for the contract price is
claim under said section.
The high source from which this propo-
sition proceeds is it's only claim to re-
spectful recognition. | cannot this
it wasaddressedt us with serious
intention or presumption that it would
be entertained / answer, therefore, that
il was a claim against the State, such
as contemplated by the Constitution. /
am further urged TO say that tire was an
appropriation existing under chapter 16,
acts of 1897. and chapters IS, 10 and Fl,
acts of 1899, directed to the payment OF
Whites salary and expenses. But the
act of 1899, chapter Il. expressly says
that 10 person shall be paid except those
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

every oncroachment from any and every
source, and having given every phase of
this most important case my most earn
est and careful attention in its every de-
TAIL against my personal desires, in
clinations and sentiments for the Re-
spondents, as individuals, l find myself
compelled by my OATH as a Senator, and
juror in this case, taken in most
solemn manner to render a verdict of
guilty as to articles 1, 2 3 and 4. This
conclusion has been forced upon my con-
victions, by the direct evidence of the
Respondents themselves and further con-
firmed by all subsequent evidence. AS to
the fifth article, | find myself with a
doubt as to their willful violation of
their oaths to defend the Constitution of
our State and l am glad, therefore, to be
able to conscentiously give them the
benefit of such doubt. Let me further
say, Mr.. President, that in arriving at
these conclusions, have been influenced
by no possible feeling of partisanship,
but that my decision would have been
the same had the Respondents been of
my own kith and kin and of my own
political household. ] therefore vote on
the fifth article, Not Guilty.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29
HUNDRED YEARS CLUB.

Are becoming numerous. The idea
is to promote longevity 1t is interest
ing to note frat the means through
which long life is to be obtained, is
food and the stomach. Long life and
good health are not possible unless the
stomach does it's work properly. There
is way to make it. if it does not.
Hostetter's Stomach Batters is an ideal
strength restorer. If you would be
cured of dyspepsia, indigestion, belch-
ing, constipation, insomnia, nervous
ness, biliousness, try the Bitters. Ev-
erybody should try At at this time to
help nature rid the blood of winters
impurities, Its specific for malaria.
See that our Private Revenue Stamp
covers the neck of the bottle.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

DID 1T EVER OCCUR TO YOU that
little Perry Davis Pain Killer on the end
of a figner applied once or twice to
mosquito bite would counterfeit the pol
son and speedily reduce the swelling?
Pain Killer will also cure bites and stings
of other poisonous insects as well as
reptiles, See directions as to use upon
wrapper on each bottle. Avoid substi-
tutes. There is but one Pain Killer,
Perry Davis Price Csc. and soc.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29
ASSIST NATURE.

You have been told to hitch your.
wagon to a star'-that Nature will assist
you. That's all right. There are times.
however, when you should assist Nature,
and the spring is one of these times.
Nature is now undertaking 10 cleanse
your system-if you take Hoods Sarsa7
parilla the undertaking will be successful,
and your completion bright and clear.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

In explaining his vote yesterday, SEN
ator Travis, OF Halifax, made brief
speech explaining his votes on the first
and fifth articles Of impeachment.
His few words made a great impress
sioon and are unanswerable. He said:
Mr.. President: IN reviewing the
facts bearing upon the article, find
that in the case of White VS.. Hill, the
respondents held that White was Chief
inspector OF the Oyster Industry, at
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29
W. S. WARD.

Mr.. President: / desire to record a
brief explanation of my vote. cannot
enter into legal argument that would
be satisfactory in the space allotted I'M
der the rules of the court and will con-
tent myself with brief outline, dealing
summarily with both the legal and moral
phases of the case as they appear to
me. l am first confronted with the ques-
tion whether the issuance of the pre-
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29
M. GUDGER.

The trainers of our Constitution deem
ed it wise to divide our State govern
ment into three coordinate branches,
the Legislative, Executive and judicial,
each to possess widely different powers
each inter dependent on the other-all
to act tremendously; one makes the law
provides the revenue, and orders dis
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29
HUMoRs

Come to the surface in the spring as in
70 other season. It's a pity they don't
run themselves all off that way; but in
spite of pimples and other sruptions, they
mostly remain in the system That's bad.
Hoods Sarsaparilla removes them and
cures all the painful and disfguring trou-
bles they cause. Nothing else cleanses
the system, and clears the complexion
nike Hoods. a
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

Inheriting as / do a jealous regard for
the rights of the people from either
executive or judicial encroachment, and
believing it absolutely essential to our
political existence, and to the preserva-
tion of cur system of civil government,
that each and every department of our
government should be maintained, de-
Tended and jealousy guarded against
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29
ALLEN INTERVIEW


The result of the trial is not a great
surprise to me.
I believed the Respondents would be
convicted until about two days ago, but
since that time | have know there was
good doubt with the chances in favor OF
the judges.
| am prepared to accept the verdict OF
the Senate in good faith as it's consider
ate conscientious judgment.
The trial will, in my opinion DO lnucn
good 1t will call the attention Oh the
people of the State sharply to the pro-
visions of the Constitution violated by
the judges, and they will be more watch
full in the future.
1t will also make all the judges OF the
State more careful, and no judge VIII
hereafter issue process against the lreas
urere unless he can place his mana upon
an express appropriation.
The judges have the verdict OIL ma
jority Of the Senate that they are suliIy
of a violation of the Constitution anu Oh
law, and they escape simply by reason
of the constitutional provision recurring
two-thirds vote.
1t IS to be hoped that the result WIZ
not encourage them to further a.'"oN9
upon the Constitution, but tnat - WIN
have restraining influence.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

of the arall of this court and state the
reasons for the conclusion which ! have
reached. l can not presume that any
explanation of the vote which | am now
about to give would either interest or in
struct others. AS l stand here charged
with the double duty, as member of
this court of determining the law and
finding the facts necessary to support the
charges contained in Article /, OF the
Impeachment, it is enough for me to
know that l alone am answerable to my
conscience.
Having listened patiently and atten-
lively to the evidence adduced and the
arguments made in the progress OF this
trial, reminded of the solemn sanction OF
my oath, l will follow the advice offered
by the distinguished counsel who con-
cluded for the Respondents: Perform
the duty of the hour and fling defiance
at the future" l therefore vote guilty. "
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

In explaining his vote of guilty at
the close of the impeachment trial yes
terday, Senator E. Y. Webb, of Cleve-
land, gave the following strong rea-
sons:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

Salt rheum, or eczema, with its itching
and burning, is cured by Hoods Sarsa-
pariIla. So are all other blood diseases
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

-ipem su!Lds ITU 10 osAI1oeU9 4som orr
uIIlIGdssIeS s.pcoH "a p9Iuo ore s0IQnorl
suIIds ieqlo lie pus seQoloIq 'ssIdmli
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

After the grip. or other serious illness,
Hoods Sarsa3arilla is the medicine to
take to restore the appetite and strength
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

"Wen Latherus, layia at his gate,
Den Dives feelin' prime,
But he wake up in de mawning
Ter N@
Hot Gn9
Old a.
Time!
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

"All er which means he concluded,
dat house rent is on me, en- de qbaliff
is after me LAX a boss fly in June time
Now, what you gwinc Go bout it3'
IF. l.. Stanton.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29
Bro. Dickey's DsliveIaenC'

When Brother Dickey came in yester-
day he laid his hat carefully on the
floor in his accustomed corner, and
delivered himself as follows
II never been contendin
Dat riches wuz a crime.
But amt dat Mister Iites
Got a
Hot
Old
Time!
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

EN- he cry en- call ter Latherus:
Please God, I'd LAX ter clinaJ
Ter Kunnel Abra'm buzzum,
FIN dis
Hot
Old 48.I
Timel tt
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-04-26
He CAN'T Be FOUND
Alleged Injuries From High
Rents Hard to Locate.
WICHITA is FILLING UP
EverybOdy's Eyes Turned
towards Peerless Princess.

The question Of rents is now interesting
quite a number of people IN this city.
There are all kinds Of stories about high
rents driving people out Of the city. but
when one undertakes to find the particu-
lar individual or individuals who have left
on account Of high rents. he is found to
be hard to locate. There is no doubt Of
the fact that rents are higher now for
residence property than two OF three
years ago. but the question is are they
high now and if so what has caused the
rise?
The Hartford Investment company rents
a good many houses and they know some
thing about the demand for houses. J.
II. Robertson, secretary OF that company
said last night that he could rent a good
house anywhere in the city from the
packing house to the fair grounds or from
the Friends university 10 Paramount col
lege. He said this talk about people
leaving the city because Of high rents for
residence houses was all a mistake that
people were not only staying here but
more are coming all the time
He said that people had come TO them
70 rent houses and complained that rents
were too high They would then look
round for = few days and then buy
home. This he considered did not show
that they thought rents were going 10 be
lower. he declared unreservedly that
there had never been time in this city
before now when so many people owned
their own homes clear OF fncum berau nee.
he said If this thing continued a little
while longer Wichita would De designated
as the city owned BY its own residents.
He said he never IN the history Of the city
were 50 many vacant lots being sold ex-
cept during the boom when the people
went into the speculative business Of
buying and selling vacant lots. There
was another thing that he desired 10 ern-
emphasize and that was that more rail-
read men weer buying lots here now than
ever before. he thought some % them
were taking advantage Of pointers from
the big corporations chat know things are
coming Wichita's way and coming fast
Residence property here Is not rent
ing 81 very high when al The advantages
are considered. said ar. Robertson THE
class Of people now coming here demand
coed houses They are coming and I do
not know why they are coming. but It IS
a fact that they are coming People
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-04-26

came here to our street fair from towns
a long way east of here. The women
looked over the, city. They saw our
shaded streets; they looked at our city
parks and they wanted to come to Wich-
tia and they are coming and they are go
ing to continue to come. nave talked 10
many Of these people here looking for
residence property and 1 have tried TO
find out what it was that induced them
to come, but I hardly found one that had
a well defined idea only that they just
wanted to come to Wichita.
Now that is the great winning card for
this city. It is a pleasant place TO live.
talked to some men who told me that
they were coming here because they
found the people here united; Their was
not strife IN the city and everybody did
not seem to be trying to cut everybody
else's throat. There is never any telling
what twenty-five thousan~. people united
can accomplish and men outside have
noticed our harmony and that makes
them want to come to Wichita. They
want to cast their 10 with that kind Of
people. And OF course back OF It ALL is
the conviction every one gets when he
looks over the field that Wichita is the
coming city"