The news & observer., 1901-02-24

the intent thereby to compel, by pro-
cess in the nature Of execution, the pay
ment of the aforesaid sum Of eight hun
dfed and thiFty-otle and t5-100 dollars out
of the State Treasury, in violation OF the
aforesaid provisions Of the Constitution:
whereby the said David NJ. Furches. then
Associate Justice, (now Chief Justice),
and the said Robert NJ. Douglas Associate
Justice of the Supreme Court of North
Carolina, did then and there commit, and
were guilty of a high crime and misde-
meanor in office.
ARTICLE II.
That at the time hereinafter named. to-
wit: on or about the nth day of October,
A. d. 1900, at and in the city of Raleigh,
the said David NJ. Furches, now Chief
Justice, and who was then an Associate
Justice of the Supreme Court of North
Carolina, and the said Robert M. Douglas,
who was then. and is now, an Associate
Justice of the Supreme Court of North
Carolina, and one other member of said
Supreme Court of North Carolina, now
deceased, cOncurring therein, constitut-
ing a majority Of the said Supreme Court
Of North Carolina, did usurp legislative
authority, and did assume to themselves
legislative functions, and, intending to
bring the General Assembly of North
Carolina into disrepute public scandal
and disgrace, unmindful of the high duties
of their office as members Of the said
Supreme Court of North Carolina. and
of their oaths Of Office and in contempt,
disregard and defiance of the provisions
of Chapter q, Public Laws of North Car
olna, session 1899, ratified the Sth day
pf II
Elemental act to an act entitled An act
to provide for the general supervision
Of the She'll Fish Industry of the State OF
North Carolina. and ratified on March 2,
1899, did under the color of their afore-
said offices. unawfully, wilfully and in
violation of the aforesaid provisions of
the Constitution OF the State of North
Carolina, and in disregard and contempt
of the Acts of the General Assembly
aforesaid, in the aforesaid controversy
submitted without action to Superior
Court judge under The Code of North
Carolina. Sections 567 and 56S, entitled:
"Theophilus White VS.. Hal. w. Aver,
State Auditor, and w H. Worth, State
Treasurer pending on appeal in the
said Supreme Court of North Carolina,
and decided by the said Supreme Court
at the February term, 1900 thereof, cause
to be issued by Thomas s. Keenan, Clerk
Of said Supreme Court, the mandamus
writs aforesaid
And pursuant to the command con-
tanned in said writs of mandamus the
claim for the sum of eight hundred and
thirty-one and 15-100 dollars was unlaw-
fully audited and allowed by said Hal
w. Aver, State Auditor in favor of said
Theophilus White, as is set forth in the
aforesaid Auditors warrant, and the
aforesaid warrant on the State Treasurer
was issued by said Hal w Aver. State
Auditor. and said Auditors warrant was
unlaWfully paid by said w. II. Worth,
State Treasurer, out of funds in his
hands belonging to the State of North
Carolina in the Treasury thereof, con-
trary 10 the provisions of the aforesaid
supplemental act OF the said General
Assembly. ratified as aforesaid on the
Sth day Of March, a. d. 1899: which
aforesaid mandamus writs were unlaw-
ful and contrary to the aforesaid provis-
ions Of the Constitution of The State of
North Carolina, and the Acts of the Cen
eral Assembly OF North Carolina and in
disregard and contempt thereof, and we're
issued as aforesaid with the intent
thereby to compel, by process in the ma
ture OF an execution, the payment of the
said sum of eight hundred and thirty-one
ana 15-100 dollars out of the State Treas
ury, in violation of the aforesaid pro-
visions Of the Constitution and the Pub
lie Laws of the State of North Carolina:
Whereby the said David NJ. Furches.
Associate Justice, (now Chief Justice).
and the said r. NJ. Douglas. Associate
Justice of the Supreme Court of North
Carolina, did then and there commit. and
we're guilty of a high crime and misde-
meanor in office
ARTICLE III.
That the aforesaid controversy with
out action, entitled as aforesaid: Theo-
philus White VS.. Hal w Aver. State
Auditor and w. H. Worth, State Treas
urer, was decided by the said Supreme
Court of North Carolina, on or about
May 22nd, 1900, at the February term
OF the said court, and prior to the 14th
doy of June, 1900, said Supreme Court
had adjourned for the term without di-
recting any mandamus writs to issue
in said cause and that on the 14th day
OF June, 1900, the General Assembly
being in adjourned session, passed the
following resolution. to-wit:
Resolved, by the House of Represen-
tatives, the Senate concurring, that a
committee of two members of this
House be appointed by the speaker, who
shall wait upon the State Treasurer, and
ascertain from him if he has paid out
any money to pheophilus White, and, IL
so. by what authority he made such
payment"
That, pursuant to the aforesaid reso-
luton, committee was appointed who
visited the office of the said State
Treasurer and ascertained from him.
and reported TO the General Assembly
that no money had been paid to said
Theophilus White as Chief Inspector
She'll Fish Commission, since the PASS
age of the act entitled: IAN act to pro-
vide for the general supervision of the
shell fish industry of the State of North
Carolina. ratified the Ind day of March
1899, and the supplemental act, ratified
March Sth, 1899. entitled: "A supplement
tai act to an act entitled: IAN act to
provide for the general supervision of
the shell fish industry of the State OF
North Carolina, ratified March End,
1899"
But subsequently, to-wit: on or about
the 18th dav of October. 1900 notwith-
standing the passage of the aforesaid