The news & observer., 1901-02-24
FACTS ON WHICH
THE CASE IS BASED
They Are Reviewed in the
Opening Speech.
JUDGE ALIENS SPEECH
An Able Discussion of the Law Points
That Are Involved.
CHARGES PREFERRED AGAINST JUDGES
Ignorance of the Law Does Not Excuse the
HumbIest Citizen in the Land and il
Should Not Excuse Th,ss in
High Places"

high FIsctS.
In his opening remarks Judge Allen
spoke of the seriousness of the charges
made in the resolution and the conse-
Quent gravity of the responsibility resting
upon members. He added:
at has been now nearly two weeks
since distinguished member of this body
introduced this resolution. It is reso-
luticn that no lawyer would introduce
except from sense of duty that he could
not escape. and it is a duty that every
one in this House would have avoided.
had it been possible 10 do So 1t is the dis
position of every lawyer to stand up for
and sustain to his utmost the judiciary of
the State. We, the members of the
Judiciary Committee entered upon the
consideration of this resolution in this
spirit and came TO consideration OF it.,
desiring TO enter into it with no spirit.
but to enquire whether the law has been
violated and whether these judges have
done their duty as prescribed by the laws
of the land
The resolution was presented to the
committee h~ the chairman and was re-
ferred, without discussion. to I, sub
committee Of FIVE. consisting OF Judge
Conner, Judge Graham, Mr. Craig MIR
Spainhour and myself The sub committee
examined all witnesses who knew any
thing about the facts. and directed at its
first meeting not to discuss any conclu~
sions until all had agreed upon the facts >
The speaker then told of the meetings
held by the sub-c committee and its DELHI
erations and method of investigation and
inquiry into the facts in the case. He
continued:
We first ascertained the facts and
then We discussed conclusions drawn from
them and the law governing the case
After the examination of witnesses there
was no disagreement as to the facts or
the law bearing on those facts. among
members of the committee. So careful
were we that the sub committee, without
a dissenting voice, decided to make no
recommendation as TO the report that
ought to be made by the full committee
because We thought the full committee
ought to be free to act as it thought best
and ought not to be in the position of
either having to adopt our recOmmenda-
tions or repudiate the committee
After the sub committee made its re-
port. the full committee took it UP with
spirit of fairness and a sense of sworn
duty. There was not an impassioned
speech made nor any attempt to force
upon any one conclusion. 1t was left
to the conscience of each member The
full committee had three meetings of
about three hours each. After the COM
mittee had practically come to conclu-
sion we adjourned for two days before
taking a vote in order that no action
might be taken that was not the delib-
crate Judgment of the committee.
THE SUB B-CO4TMITTEE' REPORT.
in making up its report, the sub COM
mittee considered, first, what facts were
found. and then what facts were undis-
Duted. And there was not a fact dis
puted by any. Democratic member. and
there vas but one Democrat who dis
agreed with any conclusion of law There
was no suggestion of partisan politics, ex-
cept that which came from the leader OF
the Republican party Of North Carolina
at Washington city.
Nov, Mr.. Speaker, what are the facts?
In 1897 Theophilus White was elected
Chief Inspector of the she'll fish industry
for four years. BY chapter Is, laws OF
1899. the office of White was abolished
By chapter 19, Laws of 1899, seven Com
missioners were appointed by name to
perform the services connected with the
shell fish industry in the several coun-
ties. and it was provided in the act SUBJ
stantiallv that the money should be paid
out upon the certificate OF the chairman
of the Board of Shell Fish Commissioners
countersigned by the secretary of said
board. By CHAPTER p. Laws Of 1899. it
was provided that the treasurer of the
State should not pay any money for SER
vices rendered in connection with the
shoil fish industry to any persons except
those authorized to act under chapter u
Laws of 1899.
The Constitution. article I. section 9
provides that no process in the nature Of
execution shall issue against the State
end article Ii. section 3 of the Constitu-
tion provides that no money shall be paid
OUT OF the treasury except in copse-
guepce of appropriations made By law.
The two judges against whom this reso-
luton is directed ordered the clerk Of
Lhe Supreme court to issue a mapdamns
compelling the Treasurer to pay mouey
out Of the treasury to White.
II IS admitted that the funds in the
Continued on Second Psge.)