The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1901-03-07
Articles OF Impeachment
CHARGES IN DETAIL AGAINST JUSTICES
FURCHES AND DOUGLAS.

CHARGES IN DETAIL AGAINST JUSTICES
FURCHES AND DOUGLAS.
The Case as Made Out by the House
Upon Which the Senate Is Asked to
Try and lmpeach David M. Furches
and Robert M. Douglas, of the Su-
preme Court, for High Crimes and
Misdemeanor in Office.
Articles Of Impeachment exhibited
by the House Of Representatives Of
North Carolina in the name OF them
selves and all the people of North
Carolina, against David Nj. Furches,
now Chief Justice, and formerly an
Associate Justice, and Robert NJ.
Douglas, an Associate Justice. of the
Supreme Court OF North Carolina, in
maintenance and support OF their i'm
peachment against them for high
crimes and misdemeanors in Office.
ARTICLE l.
That at the time hereinafter named,
to-wit: on or about the 18th day Of
October, A. D., 1900, at and in the
city OF Raleigh. the said David Nj.
Furches, now Chief Justice. who was
then Associate Justice of the Supreme
Court OF North Carolina, and the said
Robert M. Douglas, who was then.
and is now, an Associate Justice OF
the Supreme Court Of North Carolina,
and one other me mber OF said Supreme
Court OF North Carolina, now de-
ceased, cOncurring therein, constitut
ing a majority OF the said Supreme
Court Of North Carolina, unmindful
Of the high duties of their high offices,
Of their oaths of office, and unmind-
ful Of the Constitution of the State Of
North Carolina, and especially "Arti-
Gle |, Section 81
The Legislative, Executive and
Supreme Judicial powers Of the gov
ernment ought to be forever separate
and distinct from each other;" and
also Article w, Section 9:
The Supreme Court shall have
original jurisdiction to hear claims
against the State, but its decisions
shall be merely recommendatory; no
shall issue thereon; they shall be re-
ported TO the next session Of the Cen
era Assembly for it's action" and
also Article XIV. Section 3:
mo money shall be drawn from the
Treasury but in consequence Of ap-
preparations made by law; and an ac-
curate account of the receipts and ex-
penditures of the public money sha /
be annually published;" did, under
the color of their aforesaid offices, un-
lawfully, wilIfully and in violation Of
the aforesaid provisions of the Con-
stitutior OF the State Of North Caro-
lima, and the laws passed in pur-
suance thereof, in certain contro-
versy submitted without action to a
Superior Court Judge, under The
Code of North Carolina, Section 567
and 568, entitled.
Thsophilus White vs.. Hal. w Aver,
State Auditor, and w. H. Worth.
State Treasurer, pending on appeal
in said Supreme Court Of North Caro-
lima, and decided by the said Su-
preme Court on appeal at the Feb
ruary term, 1900, thereof, caused to
be issued by Thomas S. Kenan, clerk
Of said Supreme Court, mandamus
writs in words and figures following,
to-wit:
Copy for H. W. Aver. Auditory
STATE OF NORTH CAROLINA, }
In THE SUPREME COURT.
Theophilus White
against
H. w. Aver, Auditor, and w. H.
Worth, Treasurer.
The State of North Carolina to Hal.
w. Aver, State Auditor, Greeting:
This is an action of mandamus upon
a money demand for salary, tried
upon a case agreed in the Superior
Court Of Perquimans, where the plain
tiff recovered judgment and the writ
which judgment the defendants ap-
pealed to this court, where the judg-
ment of the court below was modified
in amount of the recovery, and, as
modified. the Judgment of the court
below was affirmed; and that the said
Judgment as modified and affirmed
entitled the plaintiff to a salary OF
four hundred dollars per annum. a.
Chief Inspector of the She'll Fish
Commission. five cents per mile for
each mile travelled when engaged in
the business of said commission and
for other extra expenses not to exceed
| fifty dollars per annum-whole cost
of the commission not to exceed six
| thousand dollars per annum. And it
being further declared by the court
that the defendant, Hal w. Aver, as
State Auditor, shall proceed to pass
upon and audit said claims. upon the
same being properly certified by the
Secretary of the Board OF Shell Fish
Commission, and countersigned by
the Chairman of the Shell Fish Com
mission.
Now, therefore, you are hereby
commanded. absolutely and peremp-
torily, without delay. to proceed to
audit said accounts upon their being
so presented to you. And that you
at once upon auditing the same, issue
warrants therefor upon the State
Treasurer for such amounts as you
shall find to be due the plaintiff there
on; and that in all things you comply
with and obey the mandates and re-
quirements of this writ, and that
herein you fail not.
Witness. Thomas S. Kenan, Clerk
OF our said Court, at office in Raleigh.
this the 17th day of October, 1900.
THOS. S. KENAN,
Clerk Of Supreme Court.
(Seal OF the Supreme Court OF the
State Of North Carolina.)
Fee paid.
Endorsed: Received October 18th,
1900, and served same day by deliver
ing the original Of tho within to Hal.
w. Aver, State Auditor.