Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1901-02-28

David NJ. Furches. then Associate Jul
tice, (now Chief Justice), and the eaid
Robert NJ. Douglas, Associate Justice
Of the Supreme Court of Nor,h Caro-
lima. did then and there commit, and
were guilty of high crime and mis4ic-
meanOr in Office.
ARTICLE II.
That at the time hereinafter named.
| tc-wit: on Or about the 18th day of o.
| tObar, A. D. 1900, at and in the city OF
| Raleigh, the said David NJ. Furches,
now Chief Justice, and who was then
| an Associate Justice Of the Supreme
| curt Of North arolina, and the sid
| Robert II. Douglas, who was then,
and is now, an Associate Justice o; the
/ Supreme Court OF North Carolina, anL
one other member CT said :'upIer
/ Court of North Carolina, now deceased
| concuTring therein, constituting a ma
jority of the said Supreme COur- Of
North Carolina, did usurp !o-isl tive
1 authority, and did assume TO themscl-
/ yes legislative functions, and, in en- l.
/ ing to bring the General Assembly OF
North Carolina into duSrepute pubic
scandal and diSgrace, unmindful OF the
high duties of their Office as m 1mberS
/ of the said Supreme Court Of \ nth
/ Carolina and of their oaths OF Office,
and in contempt, disregard AL lie
| fiance Of the provisions Of Chapter p,
Public Laws of North Carolina, SESSION
| 1899 ratified the 8th day of March, 4.
D. 1899, entitled: "a supplemental
act to an act entitled An act to pro-
vide for the general supervi jiC1 IF the
Shell Fish Industry Of the State OF
! North Carolina, and ratified On March
2, 1897" did, under the color Of ther
aforesaid office. unlawfully, wi!fully
and in violation of the aforesaid pro
visions of the Constitution of the State
Of North Carolina, and in disregard
and contempt of the Acts Of the Cen
eral Assembly aforesaid. IN the 4fC,e-
said controversy submitted without
ASTON to Superior Court judge arler
The Code Of North Carolina, Sections
SCI and 56S. entitled: ''IheODhilus
White vs.. Hal. w. Aver, State Audi
tor. and W. II. Worth. STATE Treasur
er," pending on appeal in the said ST
preme Court Of North CaOlina, and de-
cided by the said Supreme Court O.
North Carolina, and decided by tho
said Supreme Court at the February
term, 1900, thereof, cause to be issued
by Thomas S. Kenan, Clerk OF sal
Supreme Court, the mandairTs WritS
aforesaid
! And pursuant to the command cen
tanned in said writs OF m3n1ln-S Cne
claim for the sum of eight hundred
and thirty-one and 1900 dollars was
unlawfully audited and allowed Ivy
said Hal. w. Aver, State Auditor, in
favor of said Theophilus White, as is
set forth in the aforesaid Auditor :
warrant and the afOTe said warrant on
the State Treasurer, was issued by said
Hal. w. Aver, State Auditor, and sa
Auditors warrant was unlaWfully paid
by said w H. Worth. State Treasurer
out of funds in his hands belonging tc
the State of North Carolina in the
Treasury thereof, contrary - tna pro
visions of the aforesaid supplemental
act of the said General Assembly, ratl
fed as aforesaid On the Sth day Of
March. A. D. 1899; which aforesai
l mandamus Writs were unlayful anC
contrary to the aforesaid provisions o
{ the Constitution Of the State OF NORTH
5 Carolina, and the aats Of TIE Genera
Assembly of North Carolina, and IL
disregard and contempt thereof, anc
were issued as aforesaid with the N
, tent thereby to compel, by process il
the nature of an execution, the pay
ment of the said sum Of eight hundre>
, and thirty-one and 1900 dollars on
= Of the State Treasury, in violation .
D.. the aforesaid provisions of the Con
stitution and the Public Laws OF tn
State of North Carolina.
, ! Whereby the said David NJ. FurcheS
Associate Justice (nOy Chief Justice)
and the said R. NJ Douglas, Associate
= Justice Of the Supreme Court Of NoltE
= Carolina, did then and there commit
, and were guilty of high crime an(
= misdemeanOr in office.
5 ARTICLE III.
! That the aforesaid contro iersv with
;, out action entitled as aforesaid: Ihco
= Dhilus White vs.. Hal. w. Aver, Stat
e Auditor. and w. H. Worth, Stat
= Treasurer. was decided by the said gu
preme Court of North Carolina, on o
about May 22nd 1900, at the Feb var.
term of the said court, alG prior Il
the 14th day of Tune 1907 said Su
preme Court ha ailouIIci for th
term without directing any mandarin
writs to issue in said cause and tina
0 On the 18th day of June, 1900, the Gen
= elal Assembly being adjourned ses
sion D9ssed the following resolution
= tC-Wit:
: "Resolved, by the House OF Repre-
: spntatiyes. the Senate concurring, tina
: committee of two members Of thl
House be appointed by the speaker
! who shall wait upon the State treas
urer, and ascertain from him II he ma
paid out any money to TheophlIu
White and if so, by what authority h
made such payment.