The news & observer., 1901-03-13
COMPENSATION
FOR THE COURT
CONTINUED from First Page. }


| ply regulate the price to cover the cost of
| this tax. Then there are concerns strug-
Cling against the Standard Oil Company
and this tax will fall on the small enter
| pI+.ses. A 500 gallon tank is only 10 bar
rcls: that is not large and this will strike
ali the small concerns.
| Senator Morton said discrimination in
taxation was a serious thing. He pro-
tested against this principle. His
| a nendment was lost.
Senator Webb sent an amendment that
no county or city should levy an addition
al tax. This was lost, as was also Sena-
| tor Suggs amendment making the tax
| $1O0. Senator Brown sent a substitute
making the tax $50 Was lost. The Sec
tion was adopted and the committee rose
and repo tied progress.
The House bill came up as a special
order at 1890 o'clock to pay the court of
impeachment $500 per day
Senator Justice said the bill had been
carefully discussed five times by the Ju-
dietary Committee and they had called
in different lawyers and asked their dis
interested opinion as to it's constitution
ality, and he had been instructed to re-
s'rt it favorably. He said if it was de-
c.ided that the Senate sould sit IS CO lrt
s. impeachment aIrer the Legislature ad-
iourned the whole question was solved.
He then discussed the question from
constitutional standpoint. The Constitu-
tion says that the members Of the Gen
eral Assembly shall receive $4 per day as
members, but it does not provide that
they cannot serve in a different capacity
and receive pay. For years legislative
M mi tpp hac hpon to to nj
eigh every December and examine books
of the State Auditor and treasurer and
receive $4 per day for that service after
being paid for their work in the session.
The Supreme court has upheld this and
it shows plainly that members can serve
in another manner.
The Constitution says: 'The court for
impeschm shall be the Senate" When
the Senator take the oath they are sep
arated from the legislative and become
a part of the judicial branch of the Gov
ernJnnt. Therefore, according to the view
| of the majority of the Judiciary Commit
tee, the Senate can draw pay in their
separate and distinct capacity as a court.
Senator Justice had hesitatcd as a matter
; of delicacy but it seemed plain to him
! as a question of law and duty. The oath
4
4 ferent from the oath as a Senator and
| the service is different, one legislative
and one judicial.
Senator Henderson would have been
glad if he could have reached the same
conclusion as a majority of the Judiciary
| Committee. but he found no precedent
for it in North Carolina. Never in the
| history of the State had the Senate sat
l of ,ja{ itoc
| If one adiourns then the other House is
adjourned. The House of Representa-
| tives is supposed to be present through
out a trial of impeachment. they are the
prosecutors and would have to adjourn
| from day to day. The Constitution pre-
scribed that upon the verdict each Sena
| tors name is called and he answers as
| Senator and it requires two-thirds of the
Senators present to convict. He argued
that the Senate could not sit apart from
the House and in those States where the
Senate did sit after the adjournment OF
the House the Senators were not ali
elected at one time. The Constitution. is
clear that Senators draw their pay as
Senators. and in the Court of Impeach
ment the members are still Senators, arc
even so addressed and cannot receive
pay after GO days.
Senator Woodard said no more delicate
matter had arisen or a more responsible
duty. The House has imposed upon the
Senate the weight of this trial He dis
cussed the matter from legal standpoint.
If the Constitution means anything when
it says that the Legislative, Judicial and
Executive branches OF the Government
shall be kept forever separate and dis
4HNo h., ut nfI INN H.
ment is apart from the General Assembly.
The law prescribes that man is entitled
to a speedy trial by his peers and pres
culus the Senators for this jury II
there is no precedent certainly here is
the law and let this. Senate make the pre-
cedent for the future. The Senate did
not invite this responsibility, but II
should not shirk any duty. He cited
the case of the Senate sitting as court
OF impeachment in Kansas separate from
the House. He was tired of hearing 'he
Holden or any other case held up as
criterion here, this Senate should decide
this case as question of law and TACT
At the afternoon session consldera
ton of this bill was resumed ana sen
ator London argued that the Senators
could not receive pay after the SlAtS
dayS regular session, even IL lliSy w.
then as a Court Of Impeachment, since
the latter was the Senate and the mem
bcrs of that court are Senators. NO one
but a Senator serves on that court ana
he can only serve during his term as
Senator and the compensation should De
s4.0O a day for sixty days and that IS All
the constitution provides for
Senator Morrison sided also win
the minority of the judiciary commit
tee against the bill. ITO say the Ieast'
the bill is of doubtful constitutionallty
said Senator Morrison. The constltu-
ton does separate the Legislative and
Judicial branches of the government
except when provided otherwise and
here the Senate is made the highest
court of the State The Senate should
act with the greatest care. he said, be
cause it was as morally wrong for
Senator to violate the constitution as
for a Judge to do so on the bench. Act
ing as a member of the Court OF Inn
peachment is one of the duties OF which
a Senator had notice when he took
oath. knowing exactly what Senator
could receive for his fulfilment of the
office. IF the Senate does not want