The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-03
HON. A. w. GRAB AN
ON IMP AcHMtNl
CONTINUED from lst nage,)


In accordance with the form sent him
Col. Kenan did prepare the writ of man
damus and next day presented it to the
court in session. in conference. and ask
| cd instructions upon it. Then il was the
| majority of the court, Faircloth, Furches
and Douglas ordered him in terms unmis-
| taxable to issue il. Justice Montgomery
| SAYS
col. Kenan. tell you. you have no
constitutional right to issue it., and JUS
tice Clark SAYS: You already have my
protest in writing against issuing it, as
web as my dissenting opinion in the
case"
question was then raised as TO the
! disposition of the protest and dissenting
opinion of Judge Clark and the majority
of the court ordered the clerk not to file
or record either of them
Doesn't that furnish some evidence of
The temper of the court and their at
tempt to keep from the public the knowl-
edge OF their conduct?
Mr.. Curtis, Of Buncombe rs there any
other case in which judge was refused
the privilege of filing his opinion?'
Judge Graham: None that ever heard
Of in this State. But, on this point,
would like to read you a case of the kind
that happened in the State of Pennsyl-
yania / refer 10 Commonwealth VS.. Ad-
olson Dallas, p. PA There Judge Addi-
son president of the court of Common
Pleas, refused to allow Judge Lucas, his
associate 10 give some Instructions to
the grand jury. and an information was
lodged against him. Upon the trial of the
case in the Supreme Court it was held
that the offense was not indictable. but
that I'VE are of the oninion that every
Judge has right. and emphatically that
it is his dur.r to deliver his sentiments
upon every subject that occurs in court
We add so far as the expression of our
sense of decorum may have weight. that
We think ii would be indecent and i'm
proper in any presiding judge TO attempt
10 prevent his associates from the exer-
else of this right. from the performance
OF this duty
Though the court could impose no pun
ishment the Legislature took the matter
up. Judge Addison was impeached, re-
moved from office, and forever disqualified
frsm holding any office of honor or profit,
Commenting upon the above opinion
Judge Graham asked:
say to two judges who say TO an associate
on the bench: You shan't let the people
know what you think of our conduct in
defying the will of the Legislature and
the plain mandate of the Constitution.
Isn't such refusal in keeping with the
conduct of men, whom we see hesitatine
and hating about public matter and
waiting until they could get their cour-
age screwed up TO the point of doing what
their prejudice dictated, but their own
best judgment condemned.
And again we see that no mandamus
was issued until the court had received
information that the Treasurer was plia-
Bile. and would obey the mandamus If is
sued.
But some say that the offence is not
great, that the amount unlawfully ap2ro-
rriated was only $S31.15. 1t don't make any
difference. Mr. Speaker, whether ii was
fifteen cents or fifteen thousand dollars.
the principle is the same. Public officers
must be taught that the Constitution must
he kept inviolate and no department, eX-
cept the representatives Of the people,
the General Assembly. can dispose OF the
moneys OF the people
And on this point | wish to call your
attention 10 one of the strongest writer's
in the whole land Guthrie on the Four
teenth Amendment:
There Is another rule in constituting
or expounding constitution, and that is
that the ancient maxim de minimis non
curat lex (the law takes no notice OF
the smallest things) has no application
The violation Of constitutional right
should never be measured or met by
any such plea. II is Sald
that counsel once attempted TO argue
before Chief Justice Marshall
that in the particular instance before
the court of invasion OF constitutional
rights was slight but he was
sternlv reminded that the case involved
the Constitution of the United States, and
that the degree or extent of the invasion
had no bearing upon the point. When a
constitutional right is invaded, we are
not bound TO stand silent so long as mod
Grafton is practiced. There can be no
greater political blindness, no more dam
gerous policy than TO sanction the in
fringement of constitutional rights be-
cause the particular instance is in itself
apparently harmless or seems expedient
Admit the wedge ever so little and there
is nothing to prevent it's being driven
home. We are not compelled to wait I'M
til the constitutional measure becomes
ruinous confiscation or an intolerable in
reference with personal liberty"
| If such conduct as these judges have
been guilty of can be tolerated without
rebuke then our whole State fabric is
in danger What is to prohibit them,
or their successors, from enforcing the
collection of the Special Tax bonds or any
! other bogus claim. the payment of which
/ has been forbidden by the Legislature
! When the constitution has been violated
! by the men in high places, the whole
I public conscience is shocked, for the high
err the office the greater responsibility to
! the people.
Impeachment is resorted to not only
when public officials have been guilty OF
! indictable offences. but whenever by their
/ conduct they show that they are I'M
worthy or unsafe public servants Article
A. section provides that 1.-The judgment
! shall not extend beyond removal from
! and disqualification to hold office in this
| State but the party shall be liable to
! indictment and punishment according to
! law"
! Mr. Speaker, my time is limited and
! have not the time to discuss the long
| line of decisions in which the majority
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