Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1901-02-28

known 10 said Supreme court that the
General Assembly had asserted its
right, as guaranteed by the consCitu-
ton OF North Carolina, to control the
disbursem ent OF the money in the
state Treasury. and to forbid the pay
ment Of money cut OF said treasury 10
said Theophilus White. under the de-
cision aforesaid majority OF the
mem bers of the Supreme court. in
Guiding said David N. Punches. Asso-
ciate Justice. tnow Chief JuStice) and
said Robt. NJ. Douglas, Associate Jus
tice. did. thereafter, to-wit: on or
about the nth day OF October, 1900. at
and in the city o. Raleigh, in con-
tempt and defiance Of said General
Assembly and the acts Thereof. and n
violation of the aforesaid provision o.
the constitution in that behalf, know
ingly. wilfully and wrongfully direct
and cause the aforesaid wEitS OF man
damus TO be issued whereby said Da-
vid NJ Furches, Associate Justice
(noW Chief Justice) and said Robert
VI. Douglas, Associate Justice, then
and there did commit and were guilty
OF a high crime and misdemeanor in
Office.
ARTICLE ".
That on or about the 18th day of Oc-
tOber. 1900, at and in the city Of Raj
eigh, the said David NJ. FurcheS, Asso
ciate Justice, (now Chief Justice) and
the said Robert VI. Douglas, Associate
Justice, and one other member, (now
deceased). of the said Supreme court
OF North Carolina, constituting a ma
iority OF the said Supreme court, di-
rected the aforesaid peremtOry writ OF
mandamus to be issued. and they were
issued by said Thomas S. Kenan,
Clerk Of said Supreme court. That said
: writs OF mandamuS were not issued in
conformity to law, nor according to
the orderly course and practice OF the
courts in this that:
SPECIFICATION l.
That Article ", Section 9, OF the
Constitution Of North Carolina CON
! fers upon the Supreme court original
Jurisdiction to hear claims against the
! state. ." and no statutory enactment
has ever been provided to the contrary
since the adoption of the aforesaid
constitutional provision: that the
aforesaid controversy, submitted with
out action. tO-wit: the controversy
submitted without action Of TheOphi-
lus White VS.. Hal. W. Aye, State Au-
/ ditOr. and W II. Worth. State Treas
urer. heTeinbefOre referred to as the
record thereof fully shows, involved a
claim Of the said TheOphilus White
against the State of North Carolina,
and the mode OF manner by which pay
ment thereof might be conferred, and
it is nowhere provided. either in the
Constitution or statutory laws OF North
Carolina. that such a controversy with
out action can be submitted to the
adjudication OF a Superior court Judge.
and especially to a 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
ate Treasurer. could not lawfully
have been sued in the county of Per
ouimans on account Of the matters set
forth in said controversy, submitted
without action, as was done in the
aforesaid controversy submitted With
out action in the Superior court of Per
uuimans county, nor is 1t provided
either in the Constitution or statutory
laws Of North Carolina that the afore-
said Suprme court of North Carolina
should have appellate jurisdiction
therein.
SPECIFICATION ?.
That the aforesaid mandamus
, wriss were directed to be issued as
: aforesaid in wilful disregard OF the
, statutory provisions relating to tht
application for Writs OF mandamus.
. cprCIEINA TION
That the aforesaid mandaus WritE
; were directed to be issued, and were
issued as aforesaid contrary to the
course. practice and procedure Of the
said Supreme court of North Caro-
lima.
SPECIFICATION 4.
That the aforesaid mandamuS writE
were directed to be issued. and Were
: issued as aforesaid to be issued, and
were issued as aforesaid, in disregard
Of the provisions of Chapter 10 Of The
, Public Laws OF 1899, entitled: An Ac
, to provide for the general supervision
of the she'll fish industry Of the State
, of North Carolina" ratified the End day
: of March, A. D.. 1899, and in man
t ner designated by the Supreme court
: without any legislative authority what
= ever; and also in disregard and def
ance of Chapter q Of the Public Law:
of 1899.
SPECIFICATION 5.
That we'll knowing that two OF tht
Associate Justices of the Supreme
court of North Carolina did not con
cur with the aforesaid majority OF tn