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

ter 10 be settled by the Individual con-
science of every member of this House.
1t IS question of the protection of the
rights of the sovereign people of North
Carolina. In the consideration of so grave
| matter as this. l know that if l should
fail to appreciate what is due in right and
Justice TO the distinguished gentlemen
| concerned. or on the other hand if /
| should fell TO realize what ] owe 10 my
| constituents ] would fall short in my
| duty as a representative of the people
| Il have been honestly striving to find
out my duty in this matter. l am not
| here TO beg any man to vote with me. I
promised the committee that as soon as |
should decide what my duty was, | would
assume the responsibility of casting my
vote on that side. Notwithstanding that
/ believed the judges concerned were La
| bic TO impeachment | stated that if l
could be satisfied in my own judgment as
| | knew the gentleman from Wilson was
| satisfied ] would support his resolution
| Since that time ! have striven to get
all the light l could The harder | strove
1 the heavier seemed the weight of re-
sponsibility on my shoulders. | do not
| know WHY il is that l differ from these
gentlemen from Wilson and from Wake.
| 1t may be they are better at heart than
| | am, or it may be that ! am more sensi-
1 tive to the inherent rights Of the people
| of North Carolina. The genAlema from
| Wake savs that in the History of North
/ Carolina. there never has been a cues
ton of the impeachment of a justice of
; the Supreme Court, but l have read that
| away back in colonial DAYS there was
| talk Of impeaching a certain Supreme court
! Justice, and that the friendship Of the
| Governor at that time was the only thing
! that saved him. The people at that time
1 would most assuredly have imDeached
| that Judge, but for the circumstances that
allowed him to escape. This shows we arc
actuated by the same principles that NOV
| ed the people of that day and does show
| that we have a precedent.
THE gentleman from Wake states that
| the constitution says that, although We
may impeach. we are not bound TO do so.
Reduced to it's logical analysis, that state
ment means that. while it is our duty to
do it. we may escape from performing that
duty. (Applause,)
"A great deal has been said by the
Gentlemen on the other side to the effect
that the Supreme Court had right to
cCnstrue the laws according TO their cons.
v:ctions That would be all right, if the
court had stopped there. If they had
simply decided that a certain salary be-
longed 10 Mr.. White, this resolution would
never have been introduced. The Treas
urer Of he State of North Carolina never
becomes ministerial officer until the
Legislature designates him TO pay ont
certain amount to a certain person That
is a legal maxim. The gentleman from
Martin took the ground that whenever
the court should decide that 9 certain
amount belonged to a certain person, the
peremptorv writ Of mandamus would lie,
and he brought UP the case of Lutterloh
against the Commissioners. But that was
q different case entirely, q county matter.
In this case of White against the Audi
ter suppose, instead of a peremptory
mandamus, an alternative mandamus had
been issued to the Auditor to show cause
why tho claim was not paid. The answer.
would have been that the Legislature had
ordered that this moneg should not be
paid. Then. the peremptory mandamus
could not have been issued. The consti-
tuition In two places is plain and explicit.
that no mone.r shall be paid out of the
Treasury without an order from the Leg
islature. And not onl.f was there no or
der for the payment, but specific order
that il should not be paid.
IF tho Sc men have violated certain ar
ticles of the Constitution, what are we
10 DO? Are you aware that there is no
other power but the Legislature that can
impeach them? | shall we publish to the
world that we have judges on the SUI
preme court bench that violate the con-
stitution OF the State? Suppose they were
again TO commit that act. how could you
face your constituents when you went
home? | could not face my constituents
ii such a thing were to come to pass
IF the brave men who had been near
eerated by Gov. Holden, had been still
IN prison when the next Legislature met;
the Supreme Court Justice of North Caro-
lima would have been impeached by that
Legislature 4 resolution like the one
introduced by the gentleman from Bun
combe would have been adopted by those
men who were brave enough to stand up
FOR the sovereign rights OF the people
IN . matter of this kind We ought to be
actuated by a sense of the highest duty,
and not by any sentiment or feeling of
..ity.
"One of our best judges has said that
in mandamus case the judge shall never
issue a writ to carry out the will of the
court. but to carry out the will OF the
Legislature.
after having come TO the conclusion
hat the judges were legally liable to
impeachment. then l carefully considered
what was my duty in the matter. | think
We had better pass the original resolution
han leave two members of the Supreme
'ourt on the bench with the stigma of the
. substitute resolution uDon them. | say
Will be no worse for them to impeach
hem than to say they have violated their
lain duty. and ii will be better for the
State of North Carolina to try them.
The impeachment of these men would not
ave the effect of changing the feeling of
any man on this floor toward them.
Whatever odium clings to the violation
Il the constitution is already attached TO
hem. There is nobody but believes their
action due to partisan motives. and yet
7obody doubts their personal integrity. /
relieve that no man capable OF knowing
" violating the laws and Constitution
# North Carolina, should remain ON the
1uDreme Bench. and ] do not consider
hat / am doing them any personal un~