The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-19

1 Inc next case was WHlbG VS. lhuuttui
| for salary as Shell-fish Commissioner.
/ We decided for White. l wrote the opin-
ion and Judges Clark and Montgomery dis
| scented.
/ 1.-THE next was White VS. Murray, this
! involved title to the office of clerk OF
the criminal court in Madison county We
decided for White The opinion was unani-
/ nous The next cases were Mccall VS..
Gardner ENo q and Mccall VS.. Webb (No
/ q. These were decided in favor of the
defendants and Judge Clark wrote con-
| curing opinion.
"The next case was Mott VS.. County
| Commissioners of Forsyth involving the
question of whether a grand jury should
/ be drawn We decided that ii should.
| Also in Mott VS.. Griffith, involving the
| title of the office of Solicitor of the Grim
| inal court 1t was decided against Mott.
| Likewise the case of Wilson VS.. Neal, in
volving the question of title to office of
/ clerk of the criminal court, we decided
| in favor of Neal.
| This, the witness said, completed the
| list of office holding cases as he remem-
] bcred them. Mr.. Long then asked:
II wish you would state whether in ar
irving at your conclusions in any of the
/ cases in 1895 'e7 and SO you were in
fuenced either y II affiliations
of the parties to the actions or other
| considerations than those arising under
] the law"
81 am satisfied that / was not influenced
| by any such considerations. If so | was
entirely unconscious of it, and l believe
would have known it if 1 had been so
influenced, l always preferred not to
know the politics of parties to actions
that came before me-"
state if, at the request of your coun-
sci during the progress of this investi-
CATION, you have been able 10 learn the
number of cases decided in favor of your
political party and those in favor of the
opposing party?'
Il have as we'll as | could, looked over
them, and | have come to the conclusion
that in majority of the cases decided
against my own party. | think out of
some SO or SO cases there have been some
% or "A decided in favor of the other
party. But l never thought of this until
this case came up"
Have you ever had any intention of
treating the Legislature with disrespect
or bringing its acts into contempt"
Il never have though have considered
it my duty to construe some of it's acts
OF pGTlS Oh dCIS Observation-Disclosures. ndu
no desire or intention to bring the Legis-
lature into disrespect. When its acts
came before me, and some part of them
were unconstitutional l avoided passing
upon them unless it was absolutely neces-
sary for a proper decision of the case
or statement of the argument"
At this point the witness was asked to
state all he knew about the case OF
White VS.. Auditor.
He began with the docketing Of the case,
told Of its advancement on the docket,
its argument ard decision on May %,
1900. He continued:
II knew nothing more of it after it
was decided. ! went home, and didn't
know anything further about it until one
day-sometime after the court met in
fall term-Mr. Harris, acting as attor
ney for the plaintiff, came into court and
asked us to give him a mandamus, say
ing that Aver would not give him war
rant without Inandamus and Worth
would not pay it. The Chief Justice
asked if he had given notice. Harris said
he had not. The Chief Justice then said
Well, we can't hear it; there's nothing
before the court. Mr. Harris then went
away and in a day or two he came back
and said he wanted the mandamus; that
Col Cook of the other side was present
and would waive notice. l asked if he had
an affidavit. He said no. I told him
the case had gone off the docket and there
was nothing before the court to act upon.
He said that he thought an affidavit I'M
sary. JUICE Montgomery pointing his fin
ger at Harris, asked; why don't you go
to the clerk for your affidavit?' Harris
went out. A day or two afterwards
-
to me and said: Logo Harris has been
botherng me about a mandamus, but he's
never made a proper application till now,
and I'm going to grant it. l said: Very
well, l think it's your duty to do So. A
few days after that Chief Justice Fair
cloth came to my room at the Marlborough
with typewriter form of mandamus.
He said keenan, is going to issue a
mandamus in White VS.. Auditor and he
has given me this form to look over.
| took the mandamus. read it and found
some changes that thought advisable.
told him so, and, as l was sitting by the
table, he asked me to make the changes
/ undertook to do so, by interlining the
typewriter copy; but the changes were
so many that l finally told | would write
a new enc. He asked me to bring it to
his room when it was finished. | did
as he requested This was a form for
the mandamus on the Auditor. ! wrote
On the back of it some suggestions as to
the one for the Treasurer and left it,
with the Chief Justice. How Col. Kenan
got it, or who carried it to him l do
not know
The witness here asked to see the
original copy of this mandamus with his
note on the back, but it could not be
found, counsel for the prosecution saying
it had been mislaid
In reply to question by Mr.. Long,
Judge Furches said that up to this time
nothing had been said in the court room
showing a division Of opinion among the
judges He added:
"a day or two after sending Col. Kenan
tho form, a typewritten paper was
brought me by Col Kenan. 1t has here
been denominated a protest by Judge
Clark The next time the court met
Judge Clark said: I suppose you have
all got copy of my protest We then
discussed the matter and it came out
that he wanted his protest spread upon
the minutes and his dissenting opinion
printed in the next report. l told him
that the protest could not be spread upon