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

rather of this extra-judicial fulmina-
tion-for the court mad it's own want
OF jurisdiction to deciGe anything-the
State Judiciatories have, almost with
out exception, asserted the power to
control the action of the executive de-
partment of their State governments in
what are called ministerial matters that
is, matters which do ret involve the ex-
erclse or an exclusive discretion by
sending writs of nandamus TO the
heads OF executive departments. and
even in some instances, to the Govern
ment itself. 1t is true that no Federal
judicatory has yet sent it's writ of man
damuS or of certiorari to the President
of the Senate, or to the Speaker of the
House of Representatives that is vet
to come, in the ma lifest and steady
progress of usurpation The Federal
judiciary have other means with which
to lay their coercive hands upon the
legislative department even to the ex-
tent OF restraining the Houses of the
National Legislature in the just exercise
of their powers
Commenting upon this quotation, Col.
Davidson said
Mark you, Senators, this is not
declaration that the court may not de-
clare law unconstitutional in proper
limits, but it does declare against the
extension of the doctrine in irrespon
sible hands"
He called attention to the Interstate
Commerce Commission and the manner
in which it's powers, given it by Con-
greSS, have been gradually taken from
it by the United States Supreme court.
Year after years its powers have
been whitted down; piece by piece they
have been taken away: gradually the
very foundations of the Commission
have been removed anG it's superstruct-
ure Slapped into the vitals of the court,
until nothing but the mere skeleton has
been left.
Il say that the great powers of gov
eminent today are centered in the Fed
eral Judiciary. We oil know it, we all
have seen it, recently even in this State.
We all have seen it, we all know it,
that today the destiny of the nation is
held in the hands of FIVE men-sitting
on the Supreme court bench. Is this
government of the people. 1t it any
wonder that the poison of this danger
Gus doctrine should each our State?
Il am not controverting now the right
unconstitutional. / am willing, for the
purposes of this trial, to concede that.
Pick up these office holding cases and
you will see there most strikingly ex-
emplified the danger oil this judge-made
law. You viii find there decisions eX-
actly opposite to the act Of the Legis-
lature in almost every case. You will
find solemn statutes either entirely
4 80
to the ideas of the judges writing the
opinion.
when we come to the case of White
VS.. Auditor What do we find? These
| judges stretching and expanding the
doctrine Of Holle VS.. Henderson not
only to constitutional Offices created by
| the Legislature and officers appointed
| by the Governor. The new doctrine of
in pari metria was also called into re-
QUESTION and the act of the Legislature
was not only declared null and void but
an entirely new act was written by the
| court.
But still White did not have his
| money. The court ha0 decided but the
| act of the Legislature stood in the way
| of the contamination of that decision.
| Then it was htat the Judges in a fatar
I IlOuT, JSdIOuS VI lISit SIOWIilS pOWSI
1 and conscious of the eyes of the State
upon them-threw open the doors of the
Treasury and did that which no court
in North Carolina ever before dared do
assumed control of tile revenues of the
public treasury
The speaker here hapidly reviewed
the shellfish laws of the State, pointed
out the changes in the laws from time
to time and the necessity for such
changes.
/, I'm 1899 the Legisia ture saw fit to
! entirely change the management and
policy of this great industry. 1t abol-
ished absolutely and irretrievably the
old system of management. But Mr..
White didn't want to give up, and the
court declared that he should not give
up
I Col. Davidson here called attention to
the strange irregularities" and "sus-
picious circumstances" in this White
VS.. Auditor case in it's early stages.
why was the Attorney General not
consultetd? They say it was a case of
great State importance that it had to
be advanced on the docket. And why
was it advanced. The state should have
DeeH III no hurry TO nave 1t hedTus IL
doesn't appear that White was suffering
for his money. These are strange and
significant circumstances, gentlemen
And in the argument &c the case what
do we find. Not word said about the
mandamus, and the court hurrying to
a conclusion without giving a single
consideration to it, when Judge Clark
spoke up in warming voice and said:
Gentlemen, this is the most important
question we have yet confronted?"
! The speaker now recounted rapidly
the development in this case, the hot
words in council the attempt to evade
the motion of counsel and instructions
to the clerk-"and always and all along
there was the warning voice of Judge
Clark sounding in their ears
No, said they. We will issue ii
i