The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-29

UuTSeueHlS
One enforces the law, and extends ex-
emptions to persons from the operations
of the law
One CONSTITUTES the law, and administers
the law; but all governed by the Con-
stitution, lamented by the Constitution,
compelled to obey the Constitution. We
find these three branches OF our gov
eminent jealous of their rights, though
often transcending their power one
great assignable reason for this is the
political prejudice of partisanship; the
other the extreme desire for power.
Precendent in quoted as authority, put
we must recognize the important neces-
sity of recurring to the fundamental law,
the cornerstone. AS unlawful encroach-
ments can always find precedent, hence
that which is cited as authority and
justification will often be found an in
gringement, doing that which is forbidden.
The well-marked lines must be strictly
observed and zealously enforced, other
wise we will launch out on the sea OF
uncertainty
Article 4, section 9, Of our State Con-
stitution provides:
1.-The Supreme court shall have original
jurisdiction to hear claims against the
State, but it's decision shall be merely
recommendatory; no process in the nature
of an execution shall issue thereon; they
shall be reported to the next session OF
the General Assembly for it's action.
The judicial branch of the government
cannot invade the legislative; the Ian
guage of the Constitution is plain; the
spirit wise, the purpose clear; this pro-
VISION eannotbe changed, or its spirit
thwarted by any species of reasoning,
and every attempt, 1or effort to do so, de-
mands a protest from every patriotic
citizen @.tt aat
The Supreme court in White VS.. State
Auditor and State Treasurer entered up
a Judgment for plaintiff. The amount to
be ascertained by the Auditor under GER
tain prescribed rules ordering him to
audit his claim and issue a warrant
therefor, and the Treasurer to pay the
amount so ordered. In effect they en-
tered judgment for the plaintiff White,
and furnished him with process to COM
pei the Auditor to audit his claim, and
commanded the Treasurer to pay it when
so audited The Respondents had actual
notice that the General Assembly had
expressly withdrawn this appropriation
as to White. they had notice of the in
tention and purpose of the General AS
sembly they knew their action precipi-
tated a conflict between the legislative
and judicial departments of this gov
ernment, but unmindful of the conse-
quences, disregarding the mandates of the
legislative WILL utterly disregarding this
plain provision Of the Constitution, they
started in motion a writ that invaded
the legislative department, unlocked the
treasury, and by judicial process CO.
creed the payment of a claim against the
State. The amount involved may be ever
so small, but the principle is the ques-
ton in controversy. If the court is au-
thorized to judicially order the payment
of small amount, it likewise has. power
to order the payment of any amount
In arriving at a just conclusion of this
case / have endeavored to conscientiously
perform my duty, the task has been un-
pleasant, my action will bring sorrow to
others, but the preservation of the Con-
stitution, the protection Of the legisla-
tive department from the invading hand
of the judicial department requires me
to perform an unsought, grave duty. /
vote guilty.