The commonwealth., 1901-04-04

M. Furches and Robert NJ. Douglas are
adjudged not guilty on the first Article
of Impeachment"
The second Article was then Ordered
read, before it was read, however, udge
Allen, Chairman Of the Board of Man
ayers, arose and said
II Wish to say that the Board OF
Managers and counsel desire to ex-
press their thanks to the President and
Senators for the patient hearing they
have given u.s. We brought this cause
here believingit Just, and that the al
legations contained in the charges were
true We believe they have had at
the hands OF the Senate patient and
conscientious hearing. While we do not
believe the verdict we desire to yield to it
and express the hope that the future
will prove it true. In our opinion the
most serious charge is contained In the
FIRST article and as they have not been
convicted on that we are willing that
the other charges may be withdrawn CT
a verdict not guilty entered"
Senator Arlington moved that a ver-
dict OF mot guilty" be entered as to
the last four articles.
To this Senators Justice, Woo0ard
and others objected on the ground that
] if they were going on record they want
ed to vote on the articles separately.
The motion was therefore withdrawn
and the roll call on the other four ar
ticles resumed.
The second article charges that the
! Judges violated section 9, article Nv,
which declares that the Supreme court
shall haye original jurisdiction OF claims
against the State, but its judgment
thereon shall be merely recommends
tory and reported to the Legislature
for Its action. The vote on this was
the same as on the first article, except
that Senators Aycock, Gudger and
Lindsay, who had voted "guilty" on
the frs; article, now voted "not guilty. y
This made the vote on the second ar
ticIe 26 for impeachment, "a against
it, aud the Respondents were declared
not guilty of this charge.
The third article charges violation
of section 3, article XIV, of the consti-
tuition, which says that no money shall
oe paid out of the treasury except in
consequence of an appropriation made
by the Legislature.
The vote on this charge was the same
as that on the second Article of I'm
peachment-24 for impeachment, 26
against it.
The fourth article charges that the
writs of mandamus on the State Treas
urer and Auditor were not issued in
accordance with law.
On this there was one change. Sen
ator Lindsay voted guilty" and the
vote was 25 to 25.
On the fifth article, however, there
was very great change.
It charges number of violations bf
the law and the constitution, among
them that the decisions of the court in
the office-holding cases have been such
as to nullify the work of the Legisla-
ture and bring it into contempt.
The result of the ballot on this was
l6 for impeachment and "a against it.
All the Republicans, OF course, voted
against impeachment on this article
and the following Democrats: Alexan-
der, Arlington, Aycock, Broughton,
Brown, Calvert, Currie, Foushee, Glenn,
Henderson, James, Leak, London,
Long, McAllister, Mcintyre, McNeill,
Morrison, Speight, String6eld, Sugg,
Thomas and Woodland.
The following Senators explained
their vote on this article: Justice,
Morrison, Morton, Travis and Wood
ard.
On the announcement OF the vote on
the fifth and last Article of Impeach
ment, Senator Henderson sent forward
the judgment of the court IN the case,
which, after some changes in verbiage
was adopted as follows
In the Senate of North Carolina,
March %, 1901.
The State of North Carolina
David M. Furches, Chief Justice, and
i Robert M. Douglas, Associate Justice,
OF the Supreme Court.
| Whereas, the House OF Representa-
tives OF the State of North Carolina did
on the 25th day of February, 1901, ex-
hibit to the Senate Articles of I'm
peachment against David M. Furches,
Chief Jcstice, ard Robert n. Douglas
Associate Justice OF the Supreme
Court, and the said Senate after full
hearing and impartial trial, has ibis
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