The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1901-03-07

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without action to Superior Court
Judge under the Code OF North Car
olina, Sections 567 and 568, entitled:
''Theophilus White, vs.. Hal. w. Aver,
State Auditor. and w. H. Worth,
State Tresurer, pending on appeal in
the said Supreme Court Of North
. Carolina, and decided by the said Su
preme Court of North Carolina at the
February term. 1900. thereof. cause
to be issued by Thomas S. Kenan,
Clerk of said Supreme Court, the
mandamus writs aforesaid.
And pursuant to the command con-
tanned in said writs of mandamus tho
claim for the sum Of eight hundred
| and thirty-one and 15-10O dollars was
unlawfully audited and allowed by
said Hal. W. Aver, State Auditor, in
favor of said Theophilus White, as is
set forth in the aforesaid Auditors
warrant, and the aforesaid warrant
on the State Treasurer, was issued by
said Hal. w. Aver, State Auditor, and
said Auditors warrant was unlawfully
paid by said w. H. Worth. State
Treasurer, out Of funds in his hands
belonging to the State of North Caro-
| lima in the Treasury thereof, contrary
to tho provisions of the aforesaid sup
Elemental act of the General Assem-
| bly,, ratified as aforesaid on the 9Th
day Of March, A. D., 1899; which afore-
said mandamus writs were unlawfully
and contrary to the aforesaid provis
ions of the Constitution of the State
Of North Carolina, and the acts of the
General Assembly of North Carolina,
and in disregard and contempt there-
of, and were issued as aforesaid with
the intent thereby to compel. by pro-
cess in nature of an execution, the
payment of the said sum Of eight
dollars out of the State Treasury. in
violation of the aforesaid provisions
of the Constitution and the Public
Laws of the State of North Carolina.
Whereby the said David M. Furches,
Associate Justice, now Chief Justice,
and the said R. M. Douglas, Asso-
ciate Justice of the Supreme Court of
North Carolina, did then and there
commit, and were guilty of high
| Ct lluC
ARTICLE III.
That the Aforesaid controversy
without action, entitled as aforesaid:
Theophilus White vs.. Hal w. Aver,
State Auditor, and w. H. Worth,
State Treasurer, was decided by the
said Supreme Court of North Caro-
lima, on or about May 22nd, 1900, at
the February term of said court, and
prior to the 14th day Of Juno. 1900,
said Supreme Court had adjourned
for the term without directing any
mandamus writs to issue in said
cause and that on the 14th day Of
Juno, 1900, the General Assembly
being adjourned session, passed tho
following resolution, o-wit
| "Resolved, BY the House OF Repre-
sentatives, the Senate concurring,
that committee of two MONDE Of
this House be appointed by the
speaker, who shall wait upon tho
State Treasurer, and ascertain from
him if he has paid out any money to
Theophilus White, and il so, by what
authority he made such payment
udC, pulS SuauG w IuC
resolution, committee was appoint
ed who visited tho Office of the said
State Treasurer and ascertained from
him, and reported to the General
Assembly that no money had been
paid to said Theophilus White as
Chief Inspector She'll Fish Commits
sion, since the passage OF the act en-
titled: IAN act to provide for the
general supervision Of the she'll fish
Industry Of the State of North Caro-
lima" ratified the second day Of March,
1899, and the supplemental act, rati-
fed March 9Th, 1899, entitled: "A
supplemental act to an act entitled:
"An act to provide for the general
supervision Of the shell fish industry
OF the State of North Carolina, ratified
March 2nd, 1899."
"But subsequently,, to-wit: On or
about the 18th dav Of October, 1900.
Notwithstanding tho passage Of tho
aforesaid resolution Of inquiry, and
Notwithstanding that it was we'll
known to said Supreme Court that
the General Assembly had asserted
its right, as guaranteed by the Con-
stitution of North Carolina, to con-
troll the disbursement of the money
in the State Treasury, and to forbid
tho payment OF money out OF said
Treasury to said Theophilus White,
under the decision aforesaid, ma or-
ity of the members Of the Supreme
Court. including said David NJ. Fur
ches, Associate Justice. now Chief
Justice, and said Robt. NJ. Douglas,
Associate Justice. did, thereafter, to-
wit: On or about the 18th day Of
October, 1900, at and in the city Of
Raleigh, in contempt and defiance OF
said General Assembly and the acts
thereof, and in violation Of the afore-
said provisions Of the Constitution in
that behalf, knowingly, willfully and
wrongfully direct and cause the afore-
said writs of mandamus to be issued,
whsrehy said David NJ. Furches, Asso-
ciate Justice, now Chief Justice. and
said Robert Nj. Douglas. Associate
Justice, then and there did commit,
and were guilty Of high crime and
misdemeanor in office.
ARTICLE ".
That on or about the 18th day Of
October, 1900, at and in the city Of
Raleigh, the said David NJ. Furches.
Justice. now Chief Justice, and the
said Robert Nj. Douglas. Associate
Justice, and one other mem bsr, (now
deceased), OF the said Supreme Court
OF North Carolina, constituting .
majority of the said Supreme Court di-
rectsd the aforesaid peremptory writs
of mandamus to be issued, and they
were issued by said Thos. S. Ksnan.
Clerk of said Supreme Court. That
said writs of mandamus were not
issued in conformity to law. nor ac-
cording to the orderly course and
practice of the courts in this that:
SPECIFICATION L.
That Article ~, Section 9, of the
Constitution of North Carolina con-