Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1901-02-28


ciate Justice. OF the Supreme court OF
North Carolina, with tneir concuTilg
associate, constituting 4 majority OF
said court. unmindful OF the h gh du-
ties OF their Off es. OF their oath OF Of
fee. and in violation o; the ConS;itu-
ton OF North Carolina. at various
times and in numerous decisions OF
said court. commonly known As the
office holding cases" and so designat-
ed by Robert VI. Douglas. Associate
Justice. in his concurung opinion IN
the aforesaid case OF Theophlus White
VS.. Hal W. Aver. State Auditor, ana
w. II. Worth. State Treasurer, pCesist-
emily. wilfully and unlawfully. and IN
tending to bring into contempt. d.spTe-
pute and public scandal the General
Assembly OF North Carolina, and to
nullify and render OF 70 Cffo~t the acts
thereof did. by n spcc!ous course OF
reasoning, wherein they declare the
said acts unconstitutional. in whole or
in part. as suited then said purpose.
or disregarded the true meaning a1d
intent thereof. nullify. destroy and in
effect repeal said acS Of the General
Assembly. and COntenptuously there
by did annul and defeat the legislative
will expressed within the scope OF rs
cons titutiOnal authority In derogat.oh
OF the Constitution and laws o. North
Carolina and that in elimination and
contamination OF said persistent. viii
full and unlawful intent 10 dlscredlt
and bring into public contempt the
said General Assembly OF North caro-
lima, and the laws passed by the said
General Assembly, and 20 impair and
destroy its power and 10 nulllIy ana
abrogate the laws thereof, the SAID Da-
yid VI. FurChes, Associate Justice.
(now Chief Justice), and the SAID
Robert NJ Douglas. Associate Justice.
of the Supreme court or North caro-
lima. with their COncGrrlng associate.
constituting a majority or sald court
in disregard OF their oath OF office, and
in violation of the Constitution OF
North Carolina, and in disregard OF
the public laws of North Carolina
in the aforesaid controversy without
action. cause to be issued from Salo
court the aforesaid peremptory manda-
ms WritS, and under color OF their Oh
fees as Associate Justice Of the Su-
Dreme court, and in deTogauon or the
Constitution and laws, did cause 70 De
un!awfullv drawn from the s'tate
! Treasury of North Carolina the Sald
sum of eight hundred and thlrty-one
and 1900 dollars. (S3l.l3). ana by
said wilful, unlawful and wrongful acts
/ and misconduct in office the sald IA
/ yid NJ. Furches, Associate Justice,
/ (now Chief JustiCe), and the 50 d
! Robert NJ. Douglas, Associate Justice.
! did then and there commit and were
, guilty of high crime and misdemeah-
! or in office.
And the House of Representative.
! nv prOtestatiOn reserving to themselves
the liberty Of exhibiting at any time
hereafter any further articles or other
accusation or impeachment against the
| said David NJ. FurcheS, Associate JUS
tice, (now Chief Justice), and the SAID
Robert NJ Douglas, Associate justice
and also OF replying to their answers
which they shall make under the OTtl-
rles accusation or impeachment which
! shall be exhibited by them as the case
shall require, do demand that the SAID
, David NJ Furches. Chief Justice, CtOr-
| merly Associate JuStice), and the said
! Robert NJ. Douglas, Associate justice
of the Supreme court Of North caro-
lima, may be put to answer the hlgh
! crimes and misdemeanOns in Oflce
herein charged against them, ana that
such proceedings. examinations, trials
and judgments may be theTeupOn haa
and given as may be agreeable to law
and Justice.