The news & observer., 1901-03-27

, 1t was a we'll established rule Of law that
where the doing Of an act is made un-
lawful, the intent to do the act is the
guilty intent. He quoted a large number
of North Carolina authorities on this
point The most notable one of these be-
ing what is known as the cemetery case
from Burlington, in which Judge Bynum,
then solicitor, prosecuted and secured the
conviction of certain officers of the town
for removing bodies from a neglected
cemetery to q better burying ground They
were endeavoring to enforce an ordinance
of their town, but because the act was
an unlawful one they we're convicted and,
the conviction was sustained by the SUI
preme court
This is the law of North Carolina, as
pronounced by the Respondents and their
counsel In matters involving the char
acters and liberties of citizens they have
interpreted the law as it is written in
the books, and they have interpreted it,
no doubt correctly even if it seemed a
little harsh. Now when they are before
the court to answer for a violation of
the law, it is asserted that we must prove
them guilty of corruption, and prove that
they acted with a criminal intent Mr..
Osborne says that if we do rot allow them
this defence we will be acting with such
cruelty as he would not be guilty of IL
he were trying dog. | will not handy
enithets but | only remind you, Sena-
tors, that you are sworn to execute the
law as you find il. That law has been
interpreted in unmistakable terms by our
own Supreme court. If the law is harsh
it is their law, and they have enforced 1t
against the citizens of this State. They
cannot complain if the law is now en-
forced against them. Sacred writ admOn-
ishes us that with what judgment ye
Judge ye shall be judged, and what meas
ure We meet it shall be measured unto
ye again
INDEPENDENCE OF THE JUDICIARY
"The next plea set up for the Rcspon-
dents is that the House Of Representa-
tives by presenting these Articles of
Impeachment infringe upon the powers Of
the judiciary and seek to destroy it's
independence. If this is true, Mr.. Presi-
dent and Senators, the House of Repre-
sentatives has committed a most grievous
offonse. Nothing is more important to
the preservation of our liberties than to
preserve inviolate the independence Of the
judiciary; no greater calamity could come
to our country than for the judiciary to
lose it's independence in it's own sphere
of either the executiv or the Legislature.
No man that loves his country wishes 70
sec the time come when judges will not
be independent, but we must remember
that judges are human, and that the hui
man being has yet to be born who is
without faults or who can safely be
trusted with limitless power. Our consti-
tuition has wisely provided that neither OF
the three branches of our government
shall be paramount; each shall be nde-
pendent in its own proper sphere, sepa-
rate in its own sphere, mutually interde-
pendent they form perfect system OF
the other; neither shall oyerstep the
bounds of it's own peculiar province, II
it does it must be required to step back
and confine itself to its department 9TH
erwiso the most grasping department viii
be allowed to dwarf the others, and our
constitution will fail. 1t is we'll known
that when the Legislature ovcrsters its
bounds it's acts become null; when the
executive exceeds his power he becomes
impoachable, and the judgment of the law
is swiftly visited upon him Now shall
it be cCntended that the judiciary shall
be allowed to usurp the functions of other
coordinate br9nchcs Of the government?
If so we will have a government not Of
three coordinate branches each supreme
in It's own department, but we will have
one department paramount and the 9TH
ers wholly subservient and existing only
at the will and sufferance Of the para
mount authority.
eff these judges are guilty your con-
viction OF them win not diminish the au-
thority of the judiciary; it will not humble
or subdue the righteous Judge who
wishes to uphold the Constitution and en-
force the law All that we ask OF the
Supreme court is that it do not transcend
it's own constitutional limitation. We
would not, il we could, deprive it OF
single power, nor diminish in the slight
est degree the respect which is its due,
but We do ask that it accord the same
liberty and respect within their rcapcc-
tive provinces. to the other cor-ordnate
branches of the government which il de-
mands for itself.
In this State neither Of the three
Continued on Third Page.)