The Caucasian. (Clinton, N.C.) 188?-1913, 1901-02-28
M. tsss on Taf InptAcsnfHI


Ia oar luri tsru- Nc gAN~ the
-Is~S-hr- by Mr.. Stubts And Nj.
Owen lof samI,-1nl On tho mI-.Ch-
E-n, pr.S~-iings In the Hou-,- Ne
give this week the able sE-<ch by
Mr.. Ebt- uf Madison, and Also the
protest against the Impeachment
resolutions.
The protest against The i~~~sv u
the Impeachment RESOLUTION uA, la
iroduoei by Mr.. Blythe Of IIcadrr-
s"n. Ii /, signed by the K~puhli-
can and Popu!i-t mrmt~r. - ia.
Hou-,, and i - follows
PROT E-T INTKnnt CAD ~ NR
ELlTHK.
To the Honorable SpsAkcr And Gen
ilemen OF the General A--'m-
bly,:
We, the undersigned, respectfully
request TO enter ihI, our protest
against the passage OF the resolution
Ia imp-ach Chief Justice David VI.
Furchce aud Associate Justice Rob
ert NJ. Douglas, and ask that same
lie printed In the journal ui this
House, viz:
/. IL il the province uf the L.gi--
lsture 10 enact laws, and the prov
ince Of the courts Ia interpret, con
strue and apply the laws. Robinson
W.. Barfeld, d y. G., 800, etc.
,. The power Ia interpret, CON
strue and apply the laws l. confer
red by the Constitutions; therefore
any act OF the Legislature attempt
ing 10 prevent the courts performing
this function L. void.
3. The decision in the ra-c of
White W. Hill, l25 y. e., giving
White the remainder of term of
office for which lac had been sp-
pointed, the duties and the salary
being continued, WAS in accordance
with the unanimous opinion OF the
Supreme Court in HOke ". Hen
dersUn, Is y. c., /, AMI upheld 10y
the present court In Wood W. Bel
lamy, l20 y. G., and Site W.
Southern Railway, l25 y. C., 66G,
upholding Abbott vs. Beddingheld,
l25 n. c., 256:
1. We cannot conclude that sine,
the justices have followed long
: line Of judicial decisions that they
have in any respect acted corruptly
). That the proceeding against
the Auditor il not in our opinion d
claim against the State within tho
prohibition OF the court. \ claim
for which the Legislature has made
, no provision or appropriation. Gar
ner ". Worth, I'D, 80, and Arcn
dell W. Worth, l25, Ill.
In this case; White v. Auditor,
special and particular fund l. pro
vided from IA special and particular
; industry for this espe.ial and pariic
ular purpose. Laws 1897, chapter
IL, and Laws 1899, chapter 10.
The Superior and Supreme Court
have found the amount To be paic
this particular officer by the Treas
urer; therefore nothing more thar
ministerial duty i left to bc per
: formed by the Auditor aud Trca-
urer. Cotton W. Ellis, -, 80, an'
y Marbury W.. Madison, Cranch, 81
> etc; Bailey ". Caldwell, 6s y. &.
' i72, etc.
6. The evidence taken by the ~uh
Judiciary Committee, of itself g.
parte in substance and manner of ii
production, and, a. stated by tn
gentlemen of the Sub-Judiciar.
Committee, the Strongest that IN
committee could obtain, il, although
uncontradicted and unexplained
not of itself sufficient To warrsn
this House in adopting any re-olu
;, tion Of censure of Impeachment.
For the reasons set forth, We DE-
liberately and solemnly yet r'.-l-c'
fully protest against the passage q
either of these resolutions. Respect
: fully (signed by o. V. +. Blythe
. /. y. Ebbs, j. W. Mcfarland, I
VI. Sheets, Il. J. Petree, G. J. Cai
!. son, William I'll. Galloway, W. I
y Payne, John Burnett, II. ID. Dear
= William NJ. Mcintosh, r. T. Col
man, Hiram Weaver, John B. !,
bell, E. o Mastin, r. ID. Benbow
y y Sam G.. Brim, T. +. Owen, y. 6
> Duncan, J. +. Burlison.
Mr.. EBB's ABLE ARGUMENT
- At 10 O'Clock a III, Feb. Is, 100
the House resumed the considerable
of the resolution TO impeach Chic
Justice, David NJ. Furches and A
sociate Justice, Robert VI. Dougla
Mr.. Ebbs, Of Madison county, sro:
and addressed the House a. follow
: Mr.. Speaker and gentlemen of tf
:, House Of Representatives Of Mort
3 Caroiina:-I arise at this time
-, address this body on the resolutio
% now pending, and in doing so, d
sire to say, that this Is propositic
!. of great moment, not only TO the
- Judges, but 10 the State and II
:. people as well. In discussing tn
great and serious question, / desi
to call your attention to Sec. s
Article One Of our State Constit
ton, which reads as follows:
"The legislative, executive ar
ire supreme Judicial power Of the go
eanment ought to be forever sep
yo rate and distinct from each other
ID In other words, Mr.. Speaker, III
ey ought to show, spd / think it doc
tie to every fair minded man, that Il
he judicial department Of the COVER
sr- ment is not, and in my judgeme
". ought not to be, subject to the art
trary instruction Of the legisiati'
dana fmonf. opd it do6-s saem IN rn