The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-24

l
Assembly.
| Il believe Judge Fred. Moore, in Aren-
dali vs.. Worth, directed a peremptory
mandamus to issue. Why is he not inn
| 3eached?"
Mr.. Patterson said that in his discussion
OF the case he would consider it under
| three heads:
| /. Did these Respondents wilfully vio-
| late the Constitution. and if so what is the
effect Of it?
2. Did they ignorantly violate it, and
/ if so what is the effect Of it?
| 8. Did they violate it at all?
| On the first point he asked Where
| is your proof? You have the testimony
| of the Respondents themselves and of
Judge Montgomery. That's all the testi-
| mony they have. They didn't question
Judge Clark about it. Why? Perhaps he
knew it. if there was any guilty intent.
If there was partisan bias don't you sup
pose Judge Clark would have known it?"
Claims against the State" as contem-
plated by the Constitution were dis
cussed
They say Mr.. White ought to have let
the Supreme court recommend his claim
to the Legislature. Suppose he had done
this and the court had recommended the
claim and the Legislature had made the
appropriation. Would he have been any
nearer getting his money than he was
before?
''As a matter of fact, the Legislature
had already made this appropriation and
the money was lying in the Treasury.
There is not one word in chapter 81, with
drawing this appropriation and covering
it into the General Fund. How foolish
would have been the performance of ap-
propriating money to pay White, when
that very thing had been done two years
before and the act had never been re-
Dealcdl"
TREMMILED SUPREME COURT.
Mr. Patterson now read number OF
authorities as to what constitutes a
''claim against the State" and in what
instances writ of mandamus can be
issued. Concluding, he said:
"A reorganized Supreme court, a cring-
ing Supreme court, trammeled Supreme
court, will ever prevail in the State Of
cur nativity. if this impeachment should
succeed
1.-The Legislature has increased the Gov
ernor's salary. but If the Auditor should
choose to do SO he could under the doc
trine urged here by the other side, re-
fuse to issue warrants for its payment
and no process of the courts could compel
it,
He contended that our own courts had
held that in proceeding like White
vs.. Auditor mandamus would lie. He
read Burton VS.. Furman, Garner VS..
Worth, County Board VS.. State Board and
other cases. He said the Respondents
, relied principally on Marbury VS.. Madi-
son and Gotten VS.. Ellis.
For half an hour now there was a
monotonous reading of authorities to
empty seats. for Senator's had fed to
smoking room and lobby and rotunda. The
Republican members, however, still held
down their seats and apparently closely
followed the speaker in his argument.
IF the contention of the other side
should prevail the Auditor would be all
powerful, an autoerat, holding in his
hands the destiny of North Carolina as
surely as the Gear holds in his hands the
destiny of frozen Russia
Mr.. Patterson argued that the appro-
priation for payment of Whites salary
had not been withdrawn.
Touching chapter 81 he said it was the
courts duty to construe it just as it did.
"and if it was intended, as is now argued,
to deprive White of his office, it is abb
solutely void by every decision of this
and all other courts of the land; and
it was the duty of these judges, when
it came before them, to so declare, and
if they had failed to so declare, they
would be guilty of that with which they
are now here charged.
IMPAIRMENT OF CONTRACT.
And not only that, Senators. but
White being adjudged entitled to his Of
fee. the money being in the Treasury and
set aside for his payment, it would be an
impairment OF contract, between the
State and an individual if he were not
paid So, gentlemen, it is absolutely
void. no matter from what point you
view it,
Discussing the resolution of inquiry
passed at the special session of the Legis-
lature IN June. he said:
ut was simply,a resolution Of inquiry
it could be nothing more. 1t contained no
prohibition to pay the money, and if it
was intended to give Hill new trail, then
it was absolutely futile and unwarranted
by any authority of the courts
But they say they ought to have is
sued an alternative mandamus What
for? To get some more information from
Mr.. Aver and Mr.. Worth? Here come
back Mr.. Worth at some future day and
tell another storv. Now wouldn't that be
nice performance?
but they object that the complaint in
controversy without action must be
| sowrn to. What complaint? Who ever
heard of a complaint in controversy
| without action? Swear to it? Who's going
1 to swear to 1t? It's the complaint. OF
both of them, if it's complaint at all.
/ Judge Bynum has said that you have
/ the physical power to convict these men,
/ if you so desire. But, Senators, before
you do it be sure you stand on impreg-
/ nable grounds.
] BLOW TO NORTH CAROLINA.
| II believe a new era is dawning for
| North Carolina. Questions that have
| troubled us and delayed cur pro-
gress have been adjusted, and
we are starting out upon new path
and believe in the next decade the dream
| and hope of cur Governor for the State
will be realized The mills and spindles
are humming all over the, land and the
| Eel