The Caucasian. (Clinton, N.C.) 188?-1913, 1901-04-11
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Exsrscs fro. Ex-<;ov. Jarvis speech In
The Imp sehDess Trial
You impeach thee judges for
what you call partisan decisions, In
the corporations commission cate
they declared that Abbott, who was
q railroad con missioner, was entitled
to his term of Office a. q corporation
com missioner and tht~ you could |
not put Beddingfield, the Democrat,
In his place.
This decision also settled another |
thing. After the adjournment of
the legislature Of lss9-your iegisiar
ture and my legislature, btcauss
helped to bring 1t here-the rail-
roads, when the corporation COM
mission attempted to Assess and tax
the railrosd property In the State,
went before . Federal judge and got
an injunction restraining the corpo-
ration commissioners from assessing
and taxing their property. The
nilroad lawyers used before Simon
ton precisely the same arguments
Chat the lawyers for the prosecution
Of these judges have used here In
this trial, and Simonton decided
that the corporation commission
had no power to assess railroad pro-
perty, and If the corporation did
not have it, the legislature Of 1899
had failed TO give this power to any
body In North Carolina. Simonton
said that the legislature Of 1899
either accidentally or intentionally
had failed to provide for the assess
ment and taxation of railroad prop
erty In North Carolina. II this de-
cision Of SimtOu had stood our great
legislature Of 1899 would have been
the laughing stock Of the whole
State, from one end Of 1t to the
other; and that decision Of Simonton
would have stood, but for the de-
lcision Of these two judges and the
late Chief Justice III the case of
Abbott vs.. Beddingdeld. This
Icourt, considering the act Of 1891
Establishing the corporation COM
mission and all the acts smendatory
thereof as one act continuing the
} same Office and providing specifically
} for the same duties to be performed,
declared that every power Of tax.
alton which had been possessed by
the railroad commissioners belonged
to the corporation commission. Then
the lawyers Of the State took this
decision and went post-haste before
Judge Simonton, but Simontor
8 said, 81 must follow the construction
of your State courts upon q State
? statute" Because of this $4,000.
: 900 Of railroad property were put
upon the tax lists and the taxes
3 compelled to be paid to the people
Of the State of North Carolina. II
is true we lost Beddingfeld, but the
people Of North Carolina gained
$4,000 and more than $4,000 ir
just taxes ON railroad property, anc
our legislature was saved from be
}. ing the laughing stock Of the State
q Again, Senators, if there Is on,
D thing that stands nearer my hear
than any other in North Carolina i
. is the asylums for the care of thu
r insane in the State. Thirty year
. lago, when was speaker Of tn,
House of Representatives and Re
publican was in charge Of the asylum
ljust outside Of this city, bill wa
introduced looking to his removal
1 left my chair and went down tn
\ floor and what voice and influence
= had raised against that proceedin,
and stated that these institution
It should not be carried into politics
e and SO Republican was retained a
d the head of this great institution.
nj Again when l became Governo
of North Carolina the asylum wa
established at Morganton. Me-
gathered around me and said, GAP
|, point this man" and that man q
y director Of this institution "in orde
D. that we may elect certain man.
. But I said "No. / will appoint
d board Of directors from among tn
B. best men that can find in Nortl
b Carolina, and all the restriction tina
|. I shall put upon them shall be this
:. Go and find the best man that yo
= can and put him at the head of tha
:, institution" And they selected
:" man, and he has held his place q
y the head Of the Morganton Asylum
ever since.
In the case Of Wood VS.. Bellam
when the Legislature of 1895 al
tempted to take charge Of the insan
10 asylums and to GUST DR.. Miller q
Goldsboro, DR., Kirby at Raleigh
" and DR.. Murphy at Morganton,
% WAS this court that rendered the de
: !. cision against its own political assc
= ciates and retained the Democrats il
= their places. And remember, Sens
d tors, this case was decided upo
principles laid down in the case Q
% Hoke VS.. Henderson, the same prir
= ciple which controlled the decisio
- of the court in the cases for whic
:, 1t Is attempted to impeach thes
judges, But the Abbott vs.. BED
dingfield case was decided upon tn
q old doctrine of imperi materi,
y which required that all acts relatin
st to the same subject should be COZ
strued together; and further r,
n member, Senators, that this Whit
d case was decided on the two prir
ciples Of HOke VS.. Henderson an
imperi materia.
Now, Senators, even if they wer
guilty Of the things which al
= charged against them, shall we fol
. get the great good they have don
for the people? Shall they