The news & observer., 1901-02-24
ARTICLES OF IMPEACH-
MtNT PRESENTED
CONTINUED From Page Five.)

the aforesaid majority of the court in
directing the aforesaid mandamus writs
to be issued, one Of the dissenting Asso-
ciatc Justices, claiming the right to do
so. was refused and prevented by the
aforesaid majority of the said Supreme
court, including the said David M. Fur
rhes. Associate Justice (now Chief JUS
Iice), and the said Robert NJ Douglas,
Associate Justice, from entering his pro-
test against the issuing of said man
damuS writs upon the minutes of the
said Supreme court, and was also denied
the right to file his opinion, giving his
reasons and grounds for dissenting from
the action of the said Supreme court in
directing the aforesaid mandamus writs
to be issued.
Whereby the aforesaid David NJ. Fur
ches. Associate Justice, (now Chief JUS
tice) and the said Robert M Douglas,
Associate Justice, did then and there
commit and were guilty of high crime
and misdemeanor in office.
ARTICLE. v.
That the said David NJ. Furches, Asso-
ciate Justice, (now Chief Justice), and
Justice, of the Supreme court of North
Carolina with their concurring aSSo-
ciate, constituting a majority of said
court unmindful of the high duties of
their offices, of their oath of office, and
in violation of the Constitution of North
Carolina, at various times and in nu-
merous decisions of said court common
ly known as the "office-holding cases
and so designated by Robert M. Doug
las, Associate Justice. in his concurring
opinion in the aforesaid case of Theo-
phiIus White VS.. Hal w. Aver, State
Auditor, and w. II. Worth, State Teras-
urer, persistently, wilTully and unlaw-
fully. and intending to bring into con-
tempt, disrepute and public scandal the
General Assembly of North Carolina
and to nullfy and render of no effect
the acts thereof, did, by a specious
course of reasoning. wherein they de-
clare the said acts unconstitutional, in
whole or in part, as suited their said
purpose, or disregarded the true mean
ing and intent thereof. nullify, destroy
and in effect repeal said acts of the
General Assembly, and contemptuOuSly
thereby did annul and defeat the legiS-
lative will expressed within the scope
of its constitutional authority in dero-
cation of the Constitution and laws OF
North Carolina and that, in elimination
and contamination of said persistent
wilful and unlawful intent to discredt
and bring into public contempt the SaiG
General Assembly of North Carolina
and the laws passed by the said General
Assembly. and to impair and destroy its
n oh 70 bo
laws thereof. the said David M. Fur
ches, Associate Justice (now Chief JUS
tice), and the said Robert. NJ Douglas.
Associate Justice, of the Supreme court
of North Carolina. with their concurring
associate, constituting majority of said
court, in disregard of their oath of Of
flee, and in violation of the Constitution
of North Carolina, and in disregard Of
the public laws of North Carolina, did
in the aforesaid controversy without ac-
tion. cause to be issued from said court
the aforesaid peremntory mandamus
writs. and under color of their offices as
Associates Justices Of the Supreme
court, and in derogation of the Consti-
tuition and laws, did cause to be un-
lawfully drawn from the State Treas
ury of North Carolina the said sum of
eight hundred and thirty one and 15-100
dollars. (SS31 .15), and by said wilful.
unlawful and wrongful acts and mis-
conduct in office the said David NJ Fur
cbes Associate Justice, (now Chief JUS
tice). and the said Robert M. Douglas.
Associate Justice. did then and there
commit and were guilty of high crime
and misdemeanor in office.
And the House of Representatives,
by protestation resewing to themselves
the liberty of exhibiting at any time
hereafter any further articles or other
accusation or impeachment against the
said David NJ. Furches, Associate JUS
tice, (now Chief Justice), and the said
Robert NJ. Douglas, Associate Justice,
which they shall make under the arti-
cleS, accusation or impeachment which
shall be exhibited by them as the case
shall require, do demand that the said
David M. Furches. Chief Justice, Cfor-
merly Associate Justice) and the said
Robert M. Douglas. Associate Justice,
of the Supreme court of North Carolina,
may be put to answer the high crimes
and misdemeanors in office herein
charged against them, and that such
proceedings. examinations, trials and
judgments may be thereupon had and
given as may be agreeable to law and
justice.
sENATE'S IMPEACHMENT RULES.