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

| this judgment be enrolled and certified
| by the Lieutenant Governor as presiding
| officer, and the principal clerk of the
| Senate, and that such certified copy be
| deposited in the office Of the Secretary Of
State. q
w. d. TURNER,
President of the Senate.
- "a g
This completed the business of the
court, and it adjourned.
And history had been made.
WATSON'S SPEECH CONCLUDED.
Mr.. Watson began by congratulating
Senators that the end of the trial was
SO near at hand. He himself longed to
go home-to get back into his own coun-
try and look over the swelling hills again.
He promised, therefore, to be brief, has
tening to the conclusion of his part Of
the trial.
Here he paused for a moment, as If
bracing himself for the task before him,
aud then in solemn words he declared:
1T has been suggested to me that
while I am standing here and fighting for
what l deem the best interests of the
whole people of North 0Carolina l am I'M
der the shadow-peThaPs the baleful
shadow--of great corpora tions. / hope it
is not true. Senator's if l knew it was,
would feel like stopping and invoking
the spirit of the Great Protector"
He said that however this might be,
ne did know that it WAS time for the
people of North Carolina to begin to guard
against encroachments upon their rights
in the legislative branch of the govern
ment. me-
II have seen legislators coming down
here to Raleigh-the best and most repre-
sentative men IN the State-coming here
to work night and day, doing the best
they can to legislate. for the good Of the
great people who sent them here.
i've seen that and then, at the same
time, I've seen a growing tendency to de-
grade-to lower in the estimation of the
people-this great branch of the gov
eminent. I've seen the Legislators SCOT
fed at and called a mob. It's got to the
point where it is IoolSd upon with con-
.tumely and contempt, and it's time for this
branch of our State government to as
.sert itself and take theaposition the faith
.ers designed should tske."
The speaker, at this point, said he
would undertake to answer some questions
that had been asked. Il
ALL IMPEACHMENTS POLITICAL.
In doing so, he admitted that all i'm
peachments were more or less political
in their nature; that they followed great
political revolutions, and were usually
brought by men Of one party to punish
official misdeeds of men of an opposite
party.
He contended that it was not incum-
bent On the prosecution to prove the
guilty intent of the judges, beyond rea-
sonable doubt. On this point he argued:
"If you kill a man and the killing is
not denied, then the burden of proof is
on you to show the absence of guilty in
tent. These men haveissued that man
damus in violation ofzth Constitution.
They do not deny issuing it and there
the burden. of proof shifts to them to
show that they did it innocently."
Touching the Charge that this was a
political prosecution, Mr. Watson said:
"Mr. Osborne asks, if he had done what
these judges have done, would we i'm
peach him. l answerrno, but we would
have made applcationHto DR.. Murphy for
his admission into a lunatic asylum"
Then the speaker came to his last
proposition-a discussion of the questions
arising under White VS. Auditor, and said:
"In this case the Supreme court over
threw and destroyed the will of the Leg
islature. 1t found that the Legislature
| didn't mean what it said, when it took
White-unbonded and unsworn-out of the
| office and put in one man for each coun-
ty--under bond and under oath-to con-
troll and manage the shellf1sh industry.
ITO enable them to do this they in
voked the old doctrine of in pari materia,
| hEyI oh hou
croachments on the will of the Legislature
l have just read to you from Judge Ruff
| fin the dangers of allowing judges to con-
strue acts passed on different days; a
/ dangerous weapon by which the will OF
| the people may be thwarted under the
4 guise of judicial construction.
MEANT WHAT 1T SAID.
4 IF you believe that the General Assem-
/ bly, did not mean what it said when II
4 it solemnly declared that no part Of
| this fund should be paid to anyone other
than those named in the act chill and his
associates). then thataends this prosecu-
ton. But there's not-a man in the SOUND
of my voice who believes that Ihere Is
no man who can twist it into that mean
| ing, unless moved tofit by some outside
influence. Did the Legislature intend fol
White to be paid? There are men sit,
ting here who helped pass that law
| ask you did you intend it?
at is admitted everywhere that there
| was no appropriation OF this Iund tc
White; then it was violation OF Law
to order the Auditor to so pay 1t, II there
is man in the sound, OF my voice ina
| can put his hand on his heart ana say
that this money was appropriated Z
White let him do so in the presence O
the people. The highest court IN TINS , olalt
the highest court in the uhleeu s1".es
has said that an appropriation made fol
one purpose can not be taken and appro-
priated to another As have saia, tht
Ta-,a,a4,, =. Tor White Il
| 49, ~. 49,, side has ad-
| mitted it,
n. 4L,.,, N the speech
of I,,dnn ~, ening the de,
(Contin 1as0'