The news & observer., 1901-02-24
POPULAR RIGHTS
ARE THREATENED
Continued from First Page.)

House for that They were not made OF
that sort Of stuff. ("
The method of trial in Impeachment
cases was explained-how the case orig
mates i'll one branch of the General AS
sembly and is tried in the other Com
menting on this method of procedure,
Mr. Winston said
"The people are Just. They are honest.
While providing for the trial of unfaith-
full officers they have fixed just and
fair method of trial. And when We go
back TO our people they will demand OF
us why we have not brought these men,
whom all acknowledge to have done wrong
and violated the constitution--Why we
have not brought these men 10 trial at
the place the people have selected.
THE FRUIT OF OUR VICTORY.
Most eloquently even thrilling did Mr..
winston, recall the past few monentous
political campaign in North Carolina. He
added:
In this last campaign the people set
tied q great quetion and they have de-
creed that il shall remain settled.
bat we are reaching point at which
even the people cannot act for themselves,
In every hamlet, by every mountain
stream. in mansion and in bovel the ques-
tion today is being asked shall this fltnda-
mental principle decided in this great
contest be handed down as heritage to
posterity.
when the last Legislature adjourned,
when the campaign waSed warm, when
the result of il was known. all along
there was tacit understanding that the
people would brook no infringement upon
their constitutional rights, yet that very
thing, and during that very time these
judges have dared to do
Few gentlemen stand upon this floor
and saw that these judges have not vio-
lated the constitution. much less the
statute law. If they have done this, who
will stand uoon this floor and say that
they win not destroy every other depart
ment of government that stands in their
way. Shall ne cast into the chasm this
act Of the past and have no care for the
future. / tell 1Gu eycrv man in this
House, eyerv man in North Carolina.
while not responsible for tho past. Is re-
soonsible for the future as ii dates from
this hour In the presence Of our consti
tuition which has been torn to shreds the
people demand that the yiolators of it
be called TO account in the way the Con-
stitution provides
Il know that upon a free and untram-
meled judiciary depends the peoples
rights. Yet an unbridled judiciary means
tho destruction of those rights. It was
against such doctrine that the Mecklen-
! burg declaration was passed; it was
against ii that the intelligent, the decent
! people of the State have only recently
! af hn
| box
THE gentleman from Forsyth asked
/ Yesterday # we were imDeaching these
judges because they did not decide a case
/ as we wanted it decided.
| Il say this proceeding is begun because
1 these judges have written an opinion
against law and violated the constitution.
which opinion was not based on law or
! bounded by the constitution.
This is a serious question. a momen-
! tous question: question that will rise
again. but it is question that we may
not be able to deal with when it does
rise.
/ Have the rights of the people been vio-
| lated? No man has risen on this floor
and denied IT, Has the fundamental law
been set at naught? All admit it. Have
| these mon over riden and deiied the law
| A committee composed of five of the best
men in this House and among the ablest
| lawyers in this State have said so. It is
always the first encroachment on the peo-
pies right that grows until it destroys
popular government. Like the crevice III
the bank il deepens and widens until the
food with death and destruction sweeps
! the valley.
'Is this not, the last stand that we are
to make for the people? Is this not the
hour that We arc TO fight for all that We
hold dearest? Is this not the time to
| rebuke an infraction of the law that may
have consequences that we know not Of?
In mauv home. in many heart
throughout North Carolina there today
beats the hone and goes UP the prayer
| that this General Assembly will not leave
unrebuked the action of these Judges who
have started the entering wedge that may
take from them some Of their dearest
bought liberties.
"4And for this violation OF law and tram-
plng upon the constitution admitted by
all and condemned BY everyone, in the
name of the masses who can not speak in
this matter save through US, and in the
name Of the sovereign people of BERTHE
county, whose commission ! bear, shall
vote ave on the original resolution and
let these judges answer at the bar set
up by the people and there make such de-
fence as the law allows"