The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-19

| undone because we knew the political
education and the feeling Of the men who
controlled another coordinate branch of
the Government. No sooner had We ad
jouTned and gone home than the Su-
preme court OF North Carolina. in viola
tion of the prerogative conferred on them
by the Constitution, began a systematic
J continuous and determined attack upon
the work of the General Assembly of 90:
and my distinguished friend from Neck
lenburg said when the decision in the
! Day case was rendered. it shocked his
moral conscience. and it shocked the
moral conscience of every lawyer and
every man in North Carolina. (AppIause)
1t was an admitted power of the General
Assembly of North Carolina to abolish an
office. That was decided expressly in
Hoke VS.. Henderson: but when the Day
case was decided by that court it estab-
lished the unheard of doctrine that no
office could be destroyed until the term
was out. They held that Day was not
only entitled to the office, but he was en-
titled to the emoluments thereof AMID the
duties of the office. and until the duties
ceased the office could not be abolished.
and Of course the duties cannot be abol-
1
| This is in the case of Hoke vs. Hender-
| son. That was the first Every man in
the State who had tried to keep back the
| social and political revolution; every man
who had stood in defiance of the will OF
| the people, the great people of this State,
| sent uD shout of triumph; and from
those who had over-ridden North Caro-
| lima and ruined her and brought her to
degradation. there went up shout of
| triumph because they knew that this was
the beginning of the work of destruction,
that these Judges had the power and
would exercise that power fagrantly and
defiantly.
| I'VE effected the great reformation and
| went home. Within six months there was
| scarcely an acr of that great body left;
| few stock laws. some bills to protect fish
| in Hanging Dog Greek tlaughter), a few
| dispensary bills and acts of Incorporation.
| (Applause). But the great reforms which
| We promised the people to carry out and
| which we did carry out were destroyed.
| What became of these? They were
trampled down and ignored amid the
scons and ieers of the men who had stood
| in the way of the social, moral and polti-
! cal progress of this State This court
! wiped out the law and scofed at the law
maker. There was only one great act
| that was left standing. Yes, we went be-
| fore our constituents and promised these
reforms to the people, and We complied
| with our pTomi-s. tApplause.) But if
| the Supreme court is right We were
wrong, and we came here under false pre-
| lenses, and the Legislature Of 1899 was
| sham ard delusion and a fraud. There
/ was one law that they did not abolish;
| believe there was only one act of politi
| cal import Of the General Assembly that
! was not abolished: that was the Election
| Law. How did We prevent that? Gentle
men of this House. tell us that the court
| did not intend to do wrong; that it did
not intend to abolish the law and ignoro
| the General Assembly and trample on the
Constitution. There IS not man in
North Carolina that does not know better.
| We all know it we feel it in our con-
sciences. (Applause).
! This one law that was net abolished,
! and it was not abolished because the
| Legislature met here IN June. 1899. This
| General Assembly seated here in per-
| petual session, from the 10th of March,
| when the regular session adjourned; yes,
| in perpetual session TO the 18th of June,
|
| bly, of France in the throes of the Revo-
| luton For what? Sitting here holding
| a sword of terror TO protect us from ouf
| own Supreme court. That was the only
/ was we could protect our election law.
! (AEplauseD Gentlemen, listen 10 it:
You who came here, yes, every Demo-
! crat came; / do not care how poor he
was; and | know many of them came
| from home and took the last dollar out
| of their pockets to come here, and paid
| their own expenses and stayed as long
| as it was necessary to stay; came here
| when the capitol was in q state of ter
ror. Why? Good lawyers had been en-
| ployed and were in consultation with
| these men who were seeking 10 overthrow
| the laws OF the State We found ii ne
| cessary, gentlemen, TO strike, from oar
| book so far as the election law was con-
| eelned the great writs of mandamus and
! Injunction That is how this election
laws was protected by that General AS
| sembiy / hated to vote for the abolition
! OF those writs. They were a part of the
! great common law handed down to us
! from the men who laid the foundation
of the English Constitution We voted
| fer the abolition of those Writs to curb
| the power of this judicial olgarchy that
was the willing instrument of the men
who wished 10 bring into contempt the
| Legislature Of 1899 that they might again
assume control of this State, and bring
back TO high places the minions of the
| black horde that had plundered the State.
! Who does not fear these judges? Who
! does MOI think they are dangerous?
"A great deal has been said about the
] court of impeachment. The court of i'm
peachment IS not court for the punish
ment of the offenders; not at all. We do
| not deal with these Judges as we deal with
| individuals, but we deal with them III
their official capacity. It matters not
what they may commit. They may COM
nit murder, burglary or violate the
criminal laws of this State, but the Court
Of Impeachment could not lay one finger
unon the hair of their head or one dollar
of their property. Where is the man that
| vii lsay that they are not dangerous to
the law Of this land? The General Assem-
bly Of 1899 adjourned and went home with
| the earnest hope for peace. Yes, gen
| tlemen let's adjourn and go home again
with n PRAYER and for the hope of peace
daughter A General Assembly that
will stay here from day to day in perpet-
ual session and then be destroyed can