The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-02-26


Sergeant-at-Arms Smith then cried:
"Oh, Yezi Oh. Yez. all pers,,ns are re-
quired to now keep silent and hear the
articles of Impeachment"
The articles were read by Walter
Murphy, of Salisbury.
Lieutenant Governor Turner read his
reply:
Mr.. Speaker, Managers and Gentle
men of the House of Representatives:
''Th< senate will take proper action
on the articles of Impeachment as re-
quired by law. Of which due notice will
be given to the house"
Mr.. Allen said the managers of the
house will now retire and wait the ac-
tion Of the senate.
Senator London offered this resolu-
ton which was adopted:
Resolved. That the senate will or
ganize as a court Of impeachment at
1890 p. m. Monday nCAt.''
Senator Arlington presented the rules
for impeachment. These will be adopt
ed Monday.
Senator Arlington introduced joint
resolution empowering the president of
the senate to appoint a stenographer.
HOUSE OF REPRESENTATIVE
Bills were introduced as follows: By
Mr.. McColloch, to appoint justices of
the peace in Bladen county; by Mr..
Thompson, to appoint justices of the
peace in Onslow county; also to
amend oyster law relative to Onslow
county; by Mr.. Lawrence, to allow
mayors of towns to perform marriage
ceremony; by Mr.. Robinson, to secure
to widow her years support.
At noon the board of impeachment
managers, Messrs. Allen, of Wayne;
Rountree, Shannonhouse, Craig, Ora
ham, Seawell and Nicholson, appeared
on the floor, and, addressing the speak
er, reported the articles of impeach-
ment against Judges Douglas and Fur
cheS.
Mr.. Gattis moved the house go into
committee of the whole and consider
the report. The speaker called Mr.. Cat
tbs to the chair and the articles of i'm
peachment were read by Mr.. Winston
The report consists of five sections
The first recites the history of the
White claim, the article of the constf-
tuition violated by the issuing of the
writ of mandamus-adopted.
Article charges that the judges, in
violation of the constitution and in
fiat disregard of the act of the legisla-
ture and their oaths of office caused a
peremptory writ of mandamus to
issue against the state treasurer,
thereby usurping the rights and pow
Article charges that the case of
White against Aver was dec ded at the
February term, 1900 and the supreme
court had adjourned before June, 1900;
that the legislature in June ascertain
| ed that the money had not been paid
and that in spite of the plain law for
| bidding the payment of the money to
White, the court issued the writ and
| compelled the payment.
This article called forth considerable
| debate.
| Mr.. Connor objected to it.
Mr.. Ebbs made a long speech, dis
| cussing the whole impeachment pro-
ceedings and contending that the ar.
| ticles presented were improperly argu-
mentative.
| Article was then adopted.
Article recites that the writs were
not issued in conformity to the rule.
and regulations of law in relation t.
| the Subm sSion of a controversy with
out action; that the law did not pro
| vide for the submission of such a sui
in the county of PerQuimans in the su
perior court or in any court outside o.
Wake. That the issuing was eontrar!
to procedure in the course of practic,
in the supreme court; that it was wei
known two judges DID not concur; on,
of the judges was denied the right o
entering a protest on the minutes o
the court and denied the right of
dissenting opinion being filled.
After considerable discussion by Mr.
Connor. article four was adopted.
Article recites the history of tn
office holding cases and says that b,
a specious course of reasoning the i'm
peached judges, in reality and effect
abrogated the acts Of the legislator
of 1899 and. under color Of their Office
wilfully and unlawfully caused to b
withdrawn from the treasury the sun
of SS65, contrary to the constitution
and in contempt and utter disregard O
the laws Of the state, and did usur
to themselves legislative powers an
functions.
At the suggestion of Mr.. Connor tn
words land did thereby usurp to them
selves and exercise legislative powe
/ Continued on Fourth Page.)