The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1901-03-07

involved q claim OF the said Theophi-
lus White against the State Of Mort b
Carolina, and the mode OF manner by
which payment thereof might be con-
ferrsd, and it is nowhere provided,
either in the Constitution or statutory
laws OF North Carolina, that such .
controversy without action can bs
submitted to the adjudication OF a
Superior Court Judge, and especially
to q Superior Court judge holding
court in a county other than the
county Of Wake.
That the said Hal w. Aver, State
Auditor, and the said w. H. Worth,
State Treasurer, could not lawfully
have been sued in the county Of Per-
quimans on account Of the matters
set forth in said controversy, sub
mitted without action. az was done
in the aforesaid controversy sub
mitted without action in the Superior
Court Of Perquimans county, nor 10
it provided either in the Constitution
or statutory laws Of North Carolina
that the aforesaid Supreme Court OF
North Carolina should have appellate
Jurisdiction therein.
SPECIFICATION 2.
That the aforesaid mandamus writs
wore directed to be issued As afore-
said, in willful disregard Of the statu-
tory provisions relating to the appli-
cation for writs OF mandamas.
SPECIFICATION 3.
That the aforesaid mandamus writs
we're directed to be issued, and wsre
issued as aforesaid, contrary to the
course, practice and procedure of the
said Supreme Court Of North Caro-
lima
SPECIFICATION 4.
That tho 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: IAN
Act to provide for the general super
vision Of tho shell fish industry Of
the State of North Carolina" ratified
the End day Of March, A. D., 1899,
and in a manner designated by the
Supreme Court without any Legislative
authority whatever; and also in dis
regard and defiance Of Chapter 21, OF
the Public Laws OF 1899.
SPECIFICATION 5.
That we'll knowing that two Of tho
Associate Justices of the Supreme
Court of North Carolina did not con-
cur with the aforesaid majority Of tho
court in directing the aforesaid man.
damus writs to be issued, ono of tho
dissenting Associate Justicec, claim
ing the right TO do so, WAS refused
and prevented by the aforesaid ma
jority Of the said Supreme Court, in
cluding the said David M. Furches,
Associate Justice, now Chief Justice,
and the said Robert NJ. Douglas,
Associate Justice, from entering his
protest against the issuing Of said
mandamus writs upon the minutes
Of the said Supreme Court, and was
also denied the right to file his opin-
lon, giving his reasons and grounds
for dissenting from tho action of the
said Supreme Court in directing
aforesaid mandamus writs to be
issued.
Whereby the aforesaid David NJ.
Furchss, Associate Justice, now Chief
Justice, and the said Robert M. Doug
las, Associate Justice, did then and
there commit, aud were guilty of q
high crime and misdemeanor in
office.
ARTICLE V.
That the said David M. Furches,
Associate Justice, now Chief Justice,
and the said Robt. M. Douglas. Asso-
ciate Justice, Of the Supreme Court
Of North Carolina, with their con-
curing associate, constituting a ma
jority of said court, unmindful of the
high duties of their Offices, OF their
oath at Office, and in violation OF the
Constitution of North Carolina, at
various times and in numerous deci-
sions of said court, commonly known
as "otfice-holding cases." and so des-
ignated by Robert M. Douglas. Asso-
ciate Justice, in his concurring opin-
ion in the aforesaid case of Theophi-
lus White vs.. Hal w. Ayer, State
Auditor. and w. H. Worth, State
Treasurer. persi,tently, willfully and
unlawfully, and intending to bring
into contempt, disprepute and public
scandal tho General Assembly OF
North Carolina. and to nullify and
render of no effect tho acts thereof.
did, by specious course OF reason
ing. wherein they declare the said
acts unconstitutional, in whole or in
part, as suited their said purpose, or
disregard the true meaning and in
tent thereof, nullify. destroy and in
effect repeal said acts OF the General
Assembly, and contsmptuousiy there
by did annul and defeat the legisla-
tive will expressed within tho scope
Of its constitutional authority in dero-
CATION of the Constitution and laws
of North Carolina and that in culmi-
nation and consummation Of said
persistent, willful and unlawful intent
to discredit and bring into public
contempt the said General Assembly
Of North Carolina. and the laws pass
ed by the said General Assembly, and
to impair and destroy its power and
to nullify aud abrogate the laws
thereof. the said David NJ. Furches,
Associate Justice. now Chief Justice.
and the said Robert NJ. Douglas,
Associate Justice. OF the Supreme
Court of North Carolina. with their
concurring associate, constituting q
majority Of said court, in disregard
of their oath OF Office. and in violation
Of the Constitution OF North Caro-
lima, and in disregard Of the public
laws of North Carolina, did, in the
aforesaid controversy without action,
cause to be issued BY said court the
aforesaid peremptory mandamu,
! writs, and under color of their Office.
As Associate Justice of the Supreme
Court. and in derogation OF the Con
stitution and laws. did cause to b<
unlawfully drawn from the Stat'
Treasury of North Carolina. the sale
sum of eight hundred and thirty on.
and 15-1OO dollars, (<S31.15). and b,