The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-16
AFTERNOON SESSION.

The first speaker at The afternoon SEES
sion Of the House was Mr. Winston. of
BERTHE.
lie began by expressing regrets at the
position he was compelled by duty to
take on this question, and spoke of his
opposition TO the Norwood impeach-
ment two years ago. Touching that
proceeding, he said:
The current of history will let YOU
know thai two Years ago when there
was brought to the bar Of this House
all offending judge. l found circum-
stances that called for mercy When
we had from his own hand and his own
lips the promise that the offending
should cease, the appeal for mercy
found a RESPONSIVE beat in my heart.
And today. il / coud catch the faintest
echo of a penitent and ccntrite heart, /
should be among the first TO let mercy
speak. There is no promise of reforma-
ton, no evidence of regret for the act.
Are we met here today with
any. cry that excites sympath or pity
save that Of Old age, which comes to
all men? On the other hand
we are met With facts which de-
the State have been openly and boldly
violated. In defiance of the written law,
this court has gone beyond the limits
Of the. constitution and has taken from
the treasury funds around which the
most inviolable safeguards had been
thrown.
TIE facts justify the conclusion
that from the decision Of the White case
in May down to the mandmnus in Sep
TENDER, there was deliberate. stud
led and a carefully executed purpose to
override the law OF the land. Has that
purpose eliminated in fulfillment?"
He declared that this purpose had
been consummated and referred 10 the
opposition offered to it by one member
OF the court Judge Clark, and to the
hitherto unheard of action OF his assoc
ciates in finally suppressing one of his
opinions:
a judge whose clarion notes have
rung out on more than one occasion
strong and clear for the liberties of the
people, was denied the right Of protest.
I'VE are appealed to on the ground Of
high character. Their high character
shows the danger of longer allowing
these men to sit on the bench.
High character did not save the first
man whose ship grated on our sands
ar gave knightly grace TO North Caro-
linIans, nor did it save many of the
greatest and best who have stood in vio-
lation Of the law. | reverence high
character. l never attack it,
IF there is one thing that I do despise
its the miserable creature who does not
drink enough of the pure air of heaven
but has to take draughts Of the fetid
scum of assailing men and trying to de-
stroy their characters.
The fact that these men are men of
exalted character makes it dangerous
for them to sit longer on the bench
when the future has so much in store
for us and ours
Never before has the writ of man
damus been used to destroy the law but
always to uphold it.
II repeat that this is the first time in
the history of North Carolina that the
strong arm of her judges has been used
in destroying her laws. II. forsooth,
that arm had been used in upholding
the law the presumption would have
been in their favor.
"As l understand it, Impeachment is
the court of the people. It is the one
court the people have reserved to them
selves. To other courts that have COM
mitted the right to deal with property
and character, life and limb, but TO
themselves they have reserved the right
to deal with unfaithful officials.
We are not trying these judges for
any ordinary infraction OF law. We are
trying them for an cffcnse ON which
rests the very foundation of our govern
ment. There is but one bar at which
they can he called to answer. If they
are innocent, give them chance to
answer; are they guilty, let them reap
the harvest of their sowing.
My friend from Wake, (AIr. Simms),
refers to North Cardinals conservatism
and proud history and 10 the fact that
she was last TO enter the union. He
might have added that North Carolina
mas always been the last to surrender
CASTORiA Falnfants and Children