The commonwealth. (Scotland Neck, N.C.) 1896-1929, 1901-02-28
TMPEA CHMENT PROCEEUlNGD

I1IPEA CHMENT PROCEEDINGS.
David M. Furches, Chief Justice OF
the Supreme Court of North Carolina,
and Robert M. Douglas, Associate JUS
tice of the same court, are now under
by the General Assem-
bly,.
1t NAV be of interest to some OF the
readers of The COMMONWEALTH to give
briefly the grounds of the impeach-
ment.
By the Legislature of 1897 the
Office of Shell-fish Inspector for the
State was created and TheophiIus
White was elected to fill the office.
The Legislature OF 1899 abolished the
office OF Shell-fish Inspector and Gre
ated what was known as the Shell-fsh
Commission. and elected seven men
members Of the Commission, as we
remember, selecting a member from
each of the counties concerned in the
Shell-fish industry. The same act
that abolished the office of Shell-fsh In
spector and created the Shell-fish Com
mission also provided that no money
should be paid out in the Shell-fish in
terest except upon warrant OF the
State Auditor, which warrant should
be Issued only upon certificate of the
ShelI-fsh Commission and counter.
signed by the chairman OF said COM
mission. The laws of 1899 said that
the Treasurer of the State should pay
out no money in connection with the
Shell-fsh industry except to persons
authorized to act by a certain chapter
of the laws OF 1899.
Article ", section 9 OF the Constltu
ton, in speaking of claims agalns
the State, says: mo process in the ma
ture OF an execution shall issue there
on; ;" and Article XIV, section 3, o
the Constitution says: 'No money
shall be drawn from the treasury bu
in consequence OF appropriations mad,
by law"
Now, Theophilus White, who wa
Shell-fsh Inspector before the acts o
1899, presented a claim of oyer $500
against the State for his service as in
spector. The State Auditor, acting
under the laws of 1899, refused to dra,
warrant on the State Treasurer To-
the amount. White appealed to tn
Supreme Court.
Chief Justice Faircloth and Asso
ciate Justices Furches and Dougla
issued mandamus to the State Urea!
urer requiring him to pay White
claim. It is claimed that in the isst
ing OF the mandamus upon the Stat
Treasurer requiring him to pay Whit,
claim, the members OF th
Supreme Court in question
being majority (Judge Fairclot
having since died) violated the Co
stltution in the two section
of the Constitution quo tie
above, and also the acts of the Leg
lature.
In the arguments against the actit
O! the members of the Supreme Cou
issuing the mandamus it has been 6
forth that if the court can thus /
overriding the Constitution and stat
tory law compel the payment of So
it could with as much right comp
the payment OF ten times that amour
or hundred times the amount.
This is briefly, about the grounds
the impeachment proceedings.
Last week We gave some particul
of the measure before the House. 7
Senate was notified OF the proceedil
and Monday the Senate organized
self into high court of impeachme
for the trial of the members of I
Supreme Court before named.
Following is part OF Mondays r
ceeding's in the Senate after that bt
had been organized into court of
parchment, as given by the News 8
Observer.
This organization of the Senate
court consumed a little less Il
quarter of an hour, and when it
completed the following resolution
notification to the House was offe
~ Sooo4or I o,,don ou1 o10nfod