The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1901-02-28
(Ralegh Letter, Febuar l4th in AslevilIe Citizen)

l4th, in Asheville Citizen.)
have taken an oath to obey the Con-
| stltution and protect it from infringe
ment and annulmenL. | am sorry to
see resolution Of impeachment pass
ed against an old man or any man.
but neither age nor position should
arouse sympathy alone, sufficient to
justify ME in taking straight course
OF duty.
| There is no disagreement as to the
facts that these judges have violated
| the Constitution. [ cannot agree
With the position of Judge Connor.
whom | 80 highly regard and have so
"ften followed. If these men are
guilty they should be impeached.
Otherwise they should be completely
-xhonerated. We have no right to
excuse them if they are guilty. The
higher the position the greater the
responsibility. l have spoken only
as ii representative of the people and
with strict sense of the obligations
such position imposes upon me.
MIR. Stubs, of Martin, opposed i'm
peachmrnt, saving we should ap-
proach this matter calmly, disposition
atrly and deliberately. 1t was the
greatest question we will ever be
called upon to consider. What is it
that has brought here representative
men from all corners of our State.
anil the women are here to counsel
and aid? To the committee is due
thanks for their labor. They have
presented a series of facts which no
man disputes. but differ with them
"a to their conclusions of law and of
fact +" Justify their proceedings
we must find that they not only COM
mittrd an error of judgment but that
they did it willfully and corruptly.
The resolution only relates to the
issuing Of the mandamus and that is
a tacit admission that their decisions
in Hill vs.. White ami other cases is
the law of the land. The Supreme
Court concurred in its opinion that
Judge Starback had juris fiction in
the case. 1t was known of all men
that the act Of 1899 was intended to
crcumvent the decision of Hoke vs..
Henderson. No lawyer disputes the
proposition that every section of an
act can be construed on the principle
OF in pari materia. We talk about
subverting the rights of a coordinate
branch Of the State government when
we have passed an act intended to
subvert the principles of our highest
court. You require a man to per-
form duties and attempt to make it
Impossible for him to do so unless he
starve. 1t is claimed that the Su-
pr.me Court waited until the mem
bers of the session of 1899 were out
of office before they ordered the
issuance of this order and yet you
know that they knew that the cleo
ton OF 1909 would send back Demo-
cratic Legislature, that was equally
powerful to impeach. We ought to
be anxious in the investigation Of so
grave matter to put the fairest con-
struction possible on the motives of
otherwise, good and conscientious
mon.
Mr.. Stubbs spoke for an hour and
made = strong legal argument as we'll
as splendid speech in opposition to
impeachment, and at it's conclusion
the crowded Iobbies and galleries
broke out in applause.
Judge Graham said Mr.. Stubbs'
speech would have had more effect on
him if he did not find in the report Of
the finance committee in the State
Auditors report to the Governor tho
name OF H. w. Stubhs in direct oppo-
sition to the speech just heard and
which report is the basis Of these
proceedings. Something has come
over the spirit of his dream. Chief
Justice Pearson and Judge Rodman
have both written opinions establish
ing the principle that the Supreme
Court has no power to issue manda-
mus to pay warrant forbidden by
the Legislature. 1t is said that be-
cause Furches is no longer Associate
Justice he is not impeachsbe. There
i nothing whatever in that position.
In the case of B-lknap, the United
States, although he had resigned and
was a private citizen, held that he
was impeachahle. | have no; spoken
or felt as partisan in this matter.
| conscieniinu>lv believe that not
only in this case but in Others they
nave been guilty of misconduct that
should di>qualify them from this high
n:fice. rhev issued this mandamus
n,t in disregard of law, but in def
ance of the law.
Many prominent people assembled
in the gallery and lobby of the Senate
chamber at the time set for the
delivery by the committee from the
: House of the message in the formal
impeachment of Judges Furches and
Douglas. From the Raleigh Post tLt
following account is taken:
The hand of the Senate clock had
hardly reached the hour Of 1880 xher
Sergeant at Arms Smith suddenly
announced:
Mr.. President: committee from
| the House of Representatives ha'
, arrived. and wait. without to ap
r proach the bar of the Senate"
. Invite the committee to come for
2 ward" replied the Lieutenani-Gover
2 | nor, and as he uttered the Invitation
a the Senators arose 10 receive th
: visitors standing.
r Thereupon the commitsee-consist
: ing of Representatives Winston. Ard
: rev. Biount. Zachary and Carlton
k appeared and approached the bar G
t the Senate through the centre aisle
t taking position in line with Chair
| man F. ID. Winston in the center
q Immediately in front Of the neWl