The news & observer., 1901-03-07

of a unanimous court In the cases OF
Cook VS. Meares, 1t6 n. C.. 5S2, and of
Stamford VS. Ellington, IL n. c. 1jS
The effect of these decisions was to in
validate an election by the Legislature
OF 1885, and TO retain in office judge
and State librarian politically opposed
TO the Legislature as we'll as TO the
court. AS the principles Of these decis-
ions were acquiesccd in by
all parties. the direct effect there
of was to stop ether litigation Of
similar character and TO continue in
the control Of an unsuccessful poiiticai
party Tor two years longer the state
pcnitcntiaTy and Department of Agricul-
ture. 1t is true these cases did not
depend upon the principle OF Ho!le y
Henderson. hut upon principles more
recent and not so we'll settled. This
respondent cites them merely to show
that his judicial conduct has never been
Influenced by personal or political bias.
but has always been governed by his opin-
ion of the law ana his sense Of duty.
And further answering all and singular
The said articles of impeachment exhibit
cd against them by the House of Repre-
sentatives of North Carolina, these re-
spordents declare that in all the matters
and things therein charged ard alleged
against them they acted in their judicial
capacity as Justices OF the Supreme
Court of North Carolina ard not other
wise, seeking honestly and faithfully to
discharge their official duties to the best
Of their knowledge and ability. They
conscientiously believed II to be their
solemn and imperous duty to affirm the
said judgment of the Superior court or
dcrng the said mandamus 10 be issued;
and they considered themselves then,
and still consider themselves, sustained
in their action by the highest authorities,
including many decisions OF the Supreme
court Of this State.
They declare that they have never
violated. or intended to violate, any pro-
vision of the Constitution of this State
But on the contrary, have always en-
deavored 70 support, maintain and defend
IL. They have never disregarded or in
tended TO disregard any valid enactment
of the General Assembly of this State.
but on all occasions, have upheld and
sustained them. They have never know
ngiy deviated or intended to deviate
from the orderly course and practice OF
the courts On the contrary they have
the established rules of procedure and
practice. They have never shown or
intended to show any disrespect toward
the coordinate departments of the state
government; but as in duty bound, have
always yielded to them tho rights and
powers TO which they are entitled. They
have never wrOngfully taken or caused
to be taken directly or Indirectly lor
themselves or others dollar from the
public funds; but on the contrary so far
as consistent with their official duty
they have consistently upheld the la@F
protecting The State Treasury. Nor have
they ever in their judicial character IN
teation3lly mistTcated tho bench or par
Of the State; but have ever accorded 70
| both the consideration and respect 10
which they are entitled They furthcT
declare that, as justices Of The supreme
Court OF North Carolina. they were
clothed with the power, and charged
| with tho duty of expoundinG ana con-
strung the Constitution and laws ol
the land. Mindful OF theirj oatbs ana
lter high position. carefully opSeFF!lg,
as They conceived, the limitations ana re-
siricticns thrown around the Judlclal
Department Of the government, STRIVING
! amidst The turmoil and excitement OF TIC
times 10 discharge their ofliclat duts
Ntlhoui fear or favor, they have enuedN
cred faithfully and con5cieufi0usly 70
! perform tho grave and delicate TASK
entrusted to them. IL the MAMIE IL
whieh they have observed this reapohsi'
bliity has net received the appIppatloh
q all Of their fellow citizens 1iey ca'a
only regret their inability TO meet Inc