The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-23
A GREAT SPEECH.
CONTINUED from Fourth Page. }

In the opening speech of the prosecu-
ton the orator. had to quote from Ben
Butler, and when Southern man has to
take recourse to that quarter then he is
auartered."
He paid strong tribute to the late
Judge Faircloth, and his high honorable
career.
Upon conclusion the court took recess
until 3 o'clock.
CHAS. M. BUSHELS SPEECH.
At the afternoon session of the court
only 81 Senator's answered to the roll
call.
Mr.. Chas. NJ Busbee now began the
second speech for the prosecution. He
referred to the Importance of the case
and said.
Upon you rests a supreme duty, for
you are the triers of the law and the
facts. The Constitution of this State
is at issue in this trial-whether it is
binding alone upon the Legislative and
Executive departments, or whether the
Judiciary also is included in it's opera
ton and requirements.
II regretted, Senator's, to hear from
the lips of counsel [Capt. Cooked words
that I thought exceedingly unfair and
inappropriate. He proceeded to assail
the gentlemen who brought these judges
here for trial. He said that the Board of
Managers were trying to degrade the
high priests. He said that they were
standing for tyranny, and that they were
trying to degrade his clients. | regret
these epithets. Speaking for the mana
gers, and yet not at their request, / de-
sire to say word IN their behalf
Jofn h,rf 11xy
speak that which all men do know when
| say that no men ever brought case
into court with higher purposes or clean
or hands. Men of the highest character,
al of, them. they have the respect and
confidence of the people of their State,
in whose name they bring these proceed
ings before you
The speaker also spoke of Capt. Cookies
reference to influences at work in the
Senate saying, II know of no such infiu-
ences and l do not believe there is a
Senator here that could be swayed by
any sort of influences. either for or
against the defendants
Mr.. Busbee contended that this case
hinged entirely on the issuance of the
writ of mandamus.
IF it was issued in defiance of law
ard contrary to the Constitution, then
these respondents are guilty. If it was
issued in accordance with the law and
the Construction, then, they must stand
Justified before you and the people. No
considerations of prejudice or pity can
influence you in coming to your conclu-
sion" 500
CAUSES FOR IMPEACHMENT.
Touching the Independence of the Ju-
dietary and charges on. which judges may
NC impeached, Mr.. Busbee read a num-
Der of authorities. He added:
You'll find Senators, that it is held
by all the authorities that the i'm
parchment need not be for an indict-
Gble offense, but for any misconduct in
office. 1t need not be violation of any
positive law, but is primarily directed to
official misconduct n Ef's 1-
THE purpose of impeachment is not
punishment, it is simply to prevent. Pre-
vent what? A repetition of the offense.
The law provides for the removal of the
offender and having done that, the court
can add. if it seems fit so to do, that
ether renalty-an inhibition from ever
again holding office in the State.
Before / get through, Senators, 1
STALL show to you that part of the offense
Of these judges has been a rewriting of
portions of the legislation of 1899 and a
bold, pure usurpation of the powers of a
coordinate branch of the government"
At this point Mr.. Busbee called at
tention to what he said was remark
able omission in the Answer of the
Respondents. This was the judges oath
Ito maintain and defend the Constitu-
item" The other oath ito do equal and
exact justice" to all men, is set out in
the Answer.
But, said Mr. Busbee, sit is for the
violation CT the other oath that these
Proceedings are brought and it strikes
me. Senators, as very strange that this
particular oath of all should have been
omitted and the other inserted"
Mr. Busbee now read the three sec
items of the Constitution alleged to have
been violated by the judges. Comment
inc CT these, he said:
''They have not kept the three depart
ments of government separate and dis
tinct
They have assumed Jurisdiction when
process in@the nature of an execu-
ton.
They have forced the Public Treas
urer to pay money when there was no
law on the statute books authorizing
him SO to do
ISSUANCE OF A MANDAMUS.
Mr. Busbce now discussed the nature
of a mandamus and when and how it
may be issued under the law.
"A mandamus can be issued on a
State officer. not to make him pay the
debt. but to compel him to obey the