The news & observer., 1901-02-24

IndJ DendlI, KNOWINGLY WlIIuHy ana
wrongfully direct and cause the afore-
said writs of mandanius to be issued
whereby said David NJ Furches, Asso-
ciate Justice (now Chief Justice) and
the said Robert NJ. Douglas Associate
Justice, then and there did commit and
were guilty of high crime and misde-
meaEor in office.
ARTICLE ~.
That on or about the 18th day Of Oc-
tober, 1900, at and i'm the city of Raj
eigh, the said David M. Furches, Asso-
ciate Justice, (now Chief Justlce) and
the said Robert Nj. Douglas. Associate
Justice, and one other member, (now
deceased), of the said Supreme court of
North Carolina, constituting majority
of the said Supreme court, directed the
aforesaid peremptory writs of man
damus to be issued, and they were is
sued by said Thomas S. Kenan, Clerk Of
said Supreme court. That said writs of
mandamus were not issued in confor-
nifty to law, nor according to the order
" course and practice of the courts. in
this, that:
SPECIFICATION /.
That Article ~, Section ., of the Con-
stitution of North Carolina confers
upon the Supreme court Original juris-
diction to hear claims against the
State" and no statutory enactment has
ever been provided to the contrary since
the adoption of the aforesaid constitu-
tional provisions that the aforesaid con-
troversy, submitted without action, to-
wit: the controversy submitted without
action of ,.rheophilus White VS. Hal w.
Aver, State Auditor. and w. H. Worth.
State Treasurer herenbefore referred
to, as the record thereof fully shows, in
Volved claim of tho said Theophilus
White against the State of North Caro-
INA, and the mode of manner by which
payment thereof might be enforced.
and 1t is nowhere provided, either i'm
the constitution or statutory laws OF
North Carolina, that such a CONTROVERSY
without action can be submitted to the
adJudcation of Superior court Judge.
and especially to Superior court iudge
holding court in a county other than
the county of Wake.
That the said Hal w. Aver. State
Auditor and the said w. II Worth
state Treasurer, could not lawfully have
peeh sued in the county of Perouimans
on account of the matters set forth in
sald controversy, submitted without ac-
uoh' as was done in the aforesaid con-
uoNersy submitted without action In
the superior court of Perquimans conn
". nor is 1t provided either in the Con-
StItulloh or statutory laws of North
oarollha that the aforesaid Supreme
court Of North Carolina should have
appellate jurisdiction therein
SPECIFICATION >.
That the aforesaid mandamus writs
were directed to be issued as aforesaid
IN wiIful disregard of the statutory pro-
visions relating to the anplication for
Writs OF mandamus.
SPECIFICATION 3.
nat the aforesaid mandamus writs
were directed 10 be issued, and were
issued as aforeccid. contrary to the
course. practice and procedure of the
SAID Supreme court of North Carolina.
SPECIFICATION 4.
That the aforesaid mandamus writs
were directed to be issued, and were
issued as aforesaid. in disregard of the
provisions of Chapter 10 of the Public
Laws of 1899. entitled: "An Act to pro-
vide for the general supervision OF tho
shell fish industry Of the State of North
Carolina, ratified the End day of March
a. D., 1879, and in manner designated
by the Supreme court without any leg
1slative authority whatever: and also
in disregard and defiance OF Chapter q
of tho Public Laws of 1899
5.
That well knowing that two of the
Associate Justices of the Supreme court
of North CaroIipa dfd ,,ot co,,n,,n .,..4,