The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-15
IMPEACHMENT RESOLUTION
DISCUSSED IN THE HOUSE
Two Sessions were Held Yesterday and Able
Speeches Were Made But No Action
Taken on the Resolution.
ITS CONSIDERATION TO Be RESUMED TODAY

THAT i'm issuing mandamus to the
State Auditor and STATE Treasurer in The
case of Theophilus White against Fl. ".
Aver, State Auditor and w II. Worth.
State Treasurer, lately before it pending,
the Supreme Court, d majority thGro2f
concurring, assumed authority and power
not conferred 10y the Consultation aud law
of the State but in derogation thereto .
Judge Allen, of Wayne, thereupon sent
forward the following amendment TO
Judge Connor's resolution:
80. That said judges, David NJ Furches.
formerly Associate Justice and now CnAcf
Justice of the Supreme Court and Robert
NJ. Douglas, an associate justice Of the
Supreme Court. be impeaehed 0f high
crimes and misdemcanors in office
This amendment had the effect of bring
ing the whole question back to the point
from which it started-impoa3hme or
no impeachment-and on this question,
Judge Allen, being in charge of the report
was first recognized by the chair.
JUDGE ALIENS SPEECH.
In his opening remarks Judge Allen
spoke of the seriousness of the charges
made IN the resolution and the conse-
upon members. He added
ut has been now nearly two weeks
since a distinguished member of this body
introduced this resolution. 1t is a res
olution that no LAWYER would introduce
except from a sense of duty that he could
not esca0e, and il is a duty that every
one in this House would have been glad TO
have spared him. 1t is the disposition of
every lawyer to stand up for and sustain
to his utmost the tudiciarv Of the State.
We came to . consideration of this reso-
luton, desiring to enter into it with no
spirit but TO inquire whether the law
has been violated and whether these
judges have done their duty as prescrib-
ed b. the laws of the land.
The speaker then told of the meetings
held by the subcommittee and its delib-
erations and method of investigation and
inquiry into the facts in the case. He
continued:
I'VE first ascertained the facts and
then we discussed conclusions drawn
from them and the law governing the
case. After the examination of witnesses
there was no disagreement of facts or the
law bearing on those facts among mem-
that the sub committee without dissent
| ing voice decided to make no recorrien-
dation as to the report that ought to be
made b. the full committee.
After this report was made 10 The
full committee we took it up with a s2ir
it of fairness and q sense of sworn duty
There was not an impassioned speech
made. nor any attempt to force upon any
one conclusion. 1t was left to the con-
science of each member
I'm making up its report. the sub COM
mittee considered, first, what facts were
found, and then what facts We're undis
nuted. And there was not a fact dis
puted by any Democratic member, and
there was but one Democrat who dis
agreed with any conclusion of law. There
! was no suggestion of partisan politics. eY-
cept that which came from the leader of
the Republican party of North Carolina
at Washington city"
Judge Allen here recited briefl- the
facts in the ease and the statutes and sec
tions OF the Constitution which the judges
are charged with violating He added:
But 1t is objected that even if these
laws were violated the amount Of damage
was small-the mandamus being for only
$500. 1t is not the amount involved gen
tlemen, but the principle If the Supreme
court can pay $500 out of the public treas
ury why can't it pay $4,000? No en-
croachment upon the rights of the people
ever began full grown. They start in a
small way and grow until rights guaran-
teed to the people by the Constitution are
undermined and gone forever
THE CHARGES PREFERRED.
What are The findings of the sub com
mittee on the evidence taken. | read
from its report:
Your committee is further of tha
opinion that The Court had 10 power u
dispense with the provision in section q
charter IL. of the Laws OF 1919. prcvid-
ing, substantially that the Auditor shall
not issue his warrant. except upon The
certificate of the Secretary of tho She'll
Fish Board. countersigned by the Chair
man OF said board
!" Your committee IS further of the
opinion that the process issued against
the State Treasurer. compelling him 10
pay money out of the Treasury. is a
process against the State, and that thu
order directing such process to Issue
made in the case of Theoohilus White
against the Auditor. is in violation If
section 9. article lV of the Constitution
Your committee is further OF the
opinion that the Legislature had the pow
er 10 forbid payment of the claim in favor
of Theoahius White. and that II did so
in eX1ress terms by chapter 2l of the
Laws Of 1899 and that the order of the
court was in direct violation and in utter
disregard of this act
I'm other words. the report finds that
the Judges have in their official capacity
violated the law in four particuIars--two