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

'z- 49,. in the name OF themselves
2 oil the people of North Carolina,
Dovid N. Furches. now Che
"a ce and formerly an Associate
20 .;oa and Robert NJ. Douslass, an
x.,c-ate justice, Of me 'U?'ene
-. If North Carolina, in mainten-
- ami suDporc OF the;r impeachment
~eain.t them for nigh crimes arA mis-
sdan7eanors IT, office.
ARTICLE l.
srha- at the time hereinafter namod.
Ill.,. on or about the 18th day Of Oc-
-. \. D. 1900. at and in the city of
po1ei~h the aid David M. Flu. cne5,
~ Chief Justice, who was then AS
eooiate Justice Of the Supreme Court
~ North Carolina, and the said Robert
M Douglas, who was then, and is now
an Associate Justice of the Suprem7
(7ourt of North Carolina, and one
othpr member Of said Supreme Court
d of North Carolina, now deceased, con
crrrjng therein. constituting a ma
#iorjtv OF the said Supreme Court of
Nor.,h Carolina. unmindful Of the high
u duties OF their Offices, Of their oaths OF
81 office. and unmndful of the COnstitu
non Of the State Of North Carolina,
and especially "Artiale |, Section s."
81 The Legislative, Executive and ST.
81 Dr-me Judicial powers Of the govern
d mcrt ought to be forever separate and
distinct from each other" and al-o
Il Article ". Section 9.
u '"The Supreme Court shall have ORR
gtraI jurisdiction to hear claims
i against the State, but its decisions
shall be merely recOmmendatory; no
process III the nature Of execution shall
issue thereon: they shall be reported to
the next session of the General AS
sembIy for it's action and also Ar
ticle IA, Section 3.
mo money shall be drawn from thu
Il Treasury but in consequence OF appro
pri2tiars made gy law; and an accurate
account of the receipts and exp9ndi-
lures Of the public money shall be an
1uaIIy published" did, under the color
of their aforesaid Offices, unlawfully,
willully and in violation Of the afOre
said provisions of the Constitution Of
inc tIl~"LS vi ANOI III NaiOll1hC', anu EA10
laws passed in pursuance thereof, in a
certain controversy submitted without
action to a Superior Court Judge, I'M
der The Code CT North Carolina, Sec
tons SGT and 568, entitled.
TheOphilus White VS.. Hal. w. Aver,
State Auditor, and w. Fl. Worth, State
Treasurer, pending on appeal in said
Supreme Court of North Carolina, AMI
IoI Nv nv,
appeal at the February term, 1900
thereof, cause to be issued by Thomas
S. Kenan, clerk Of said Supreme court
mandamu5 Wrlts in words and hgure5
following, toWit:
Copy for II. W. Aver, Auditory.
State of North Carolina,
In the Supreme Court.
TheophilUs White
against
II. ". Aver. Auditor, and
". II. Worth, Treasurer.
The State Of North Carolina to Hal.
". Aver, State Auditor, Greeting:
This is an action Of mandamuS upon
money demand f.t salary, tried
upon case agreedr in the Superlo
court OF Perquimans, where the plain
II recovered Judgment and the writ OF
mandamus ordered to issue. From
which judgment the defendants ap-
pealed to this court. where the judg-
menJ of the court below was mod1hed
IN amount of the relOvery, and, as mod
flied, the Judgment Of the court below
was affirmed; and that the said judg-
ment as omodified and affirmed entitled
the plaintiff to a salary of four hundred
dollars per annum, as Chief Inspector
~ IT, IXC