The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-16

| Zachary, speaking for the Resolution Of
Protest He began by referring TO the
fact that no partisan feeling was shown
in the deliberations of the Judiciary Com
mittee, and that none has come cut in
the speeches that have been made. He
| said this gave ;he lie 10 those stories that
have been circulated to the effect that
members of the House were being in
nuenced for political purposes in this
matter. In defining his position, he said:
"As / conceive my duty, this is not
q question of party interest, not ques-
tion of sympathy. but solely what my
duty IS as a member of this high body.
4 do not deem it wise or fer the best
interests CT the State of North Carolina
that these men should be mpeached.
take it that the resolution would not have
been before the House if the writ OF
mandamus had not been issued in the
case OF White against Auditor.
Il confess that my judicial conscience
was shocked at the decisions rendered by
that court. | have not agreed with those
decisions and | do not agree with them
now. When l voted with the committee
that this resolution should be presented
before the House / did II because the
judges had committed acts in violation
Of the laws of the constitution. But
did not think them and do not think now
that they committed these acts wilfully.
Il dissent from the proposition that we
sit here as a grand jury. The object Of
an impeachment is when the safety or
best interests of the state in the opinion
of Tie Legislature, require the removal
CT certain men in order that the rights
of other departments may be conserved.
bc uhcv no
safety Of the State and the best inter-
ests OF the people demand the removal
OF these men? Can it he that any man
believes that the rights of the people are
about to De overthrown? We don't sit
here as grand jury to say whether or
not these men have committed some acts
fer which they should be put on trial,
but whether or not the best interests and
safety of the State demand that they be
impeached, and I am judge and jury for
myself on that question.
The b-committee's report was not
adopted by the Judiciary committee.
Judge Allen: ''The subcommittee re-
port was not voted on by the Judiciary
committee"
Mr. Duls: THAT is correct. l under
stand that the gentlemen from Wayne and
New Hanover take the ground that the
judges CT the Supreme court are impeach-
able because they issued that writ,
whether they did it wilfully or not
believe that to be the law. but / think
that if we are convinced that they Vio-
lated the law without corrupt purposes.
We would be justified in merely calling
their attention 10 the fact. The resolution
docs not charge these men with issuing
this writ wrongfully and deliberately.
The committee presents evidence 10
show animus on the Tart of the judges
in issuing the writ | say TO you. when
you come TO this evidence, go slow before
you say it is undisputed evidence of Will
ful deliberate violation of the law. If
there is any doubt on this point, they
ought 10 have the benefit of it.
Il don't attribute one iota of impor-
lance to The fact that the writ was not
issued until October, MI Harris says
there was no application for writ to his
ErcWiedee, until the fall It seems TO me
the delay would argue innocence rather
than guilt. If there is any evidence in
this printed record TO show thar Colonel
Kcnan was giving the idea to the sub
committee that there was anything I'M
dcrhand about the issuing Of the writ, 4
have failed to see it, To think that Judge
Furchcs was lying when he wrote than
Dote, and was trying to shift the respon- 4
sitlluy upon Colonel Kenan is a conclu-
sion ] cannot reach.
Believing there was technical viola
ticn Of the law, l thought it my duty
10 vote for the favorable report on the
resolution. When ! considered that they
might have been guilty of that violation
without intent, I concluded that it was
lily duty TO vote for the substitute |
believe that if this substitute be passed /
by this High Body, it will put stop
10 any further encro9 chments or usurpa-
~e of power on the part CT the SUI
preme court"