The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-19
THE IMPEACHMENT.

me people of all North Carolina are
ollowing with deep interest the i'm
beachment proceedings. Naturally
Every good citizen is opposed to inn
parchment except as a. last resort. just
as naturally every good citizen is in
favor of impeachment whenever high
public officials have violated the Con-
stitution aand laws of the State. Any
attempt 20 magnify or minimize the
gravity of the act for which the House
has passed the resolution of impeach-
ment will not succeed in diverting the
popular mind from the real issue that
is involved in the grave proceeding.
Have Justices Furches and Douglas
violated the Constitution and laws of
the State? That is the only issue that
will be submitted to the Senators in the
High Court of impeachment. They
may he as willing to vote. for mere CEN
sure as some members of the House
were, thew may wish the impeachment
u
max wish fafs some escape other than
trroueh oaach1nent. But they have
no auty ischarge except to deter
l upon the. law and. the evidence
whether these two judges have violated
the Constitution and the laws of the
State If they are convinced that they
have been so guilty, impeachment must
follow. If they are convinced they
have not been so guilty. it will be their
6uly lcquit them.
NIu. las been said IN and out of the
Fous bout the long line of partisan
ae, ia..s rendered by the Supreme
Court. The criticisms on these decis-
ions has been more than warranted, but
the Craig resolution of impeachment
does not treat of any partisan decisions.
They are the proper subject of criti-
cism, but not Cor impeachment. We
print below full~tex of the Craig reso-
luton that was adopted in the House
yesterday by !atmajority of twenty
nine:
Whereas, The Constitution of North
Carolina, Art. W.. section 8, declares:
The Supreme Court shall have origi-
nal jurisdiction to hear all claims
against the State, but its decisions shall
be merely recommendatory: No pro-
cess in the nature of execution shall is
sue; they shall be reported to the next
session OF the General Assembly for it's
action
and Whereas, The General Assem-
bly, of North Carolina, at its session of
1899. did enact, Chapter q, Public Laws,
Section l.: ~
THE Treasurer of the State of North
Carolina shall not pay any compensa-
ton TO any person, or persons, claim
ing the same for services rendered con-
corning Shell Fish Industry, unless
such person. or persons, are authorized
to render such services under the pro-
visions of said act, entitled, To provide
for the general supervision of the Shell
Fish Industry of the State of North
Carolina, and ratified March I'd, 1899"
And Whereas, Theophilus White
brought an action of mandamus against
Hal. w Aver. Auditor, and w. H.
Worth, Treasurer. to compel them to
issue IA warrant for his salary for SER
vices rendered concerning the shell fish
industry.
And, Whereas, David NJ. Furches.
Chief Justice of North Carolina, and
Robert NJ Douglas, Associate Justice of
the Supreme Court acting as Judges of
the Supreme Court OF North Carolina.
did on the 18th day of October 1900,
under the color of the power and au-
thority aforesaid, IN them as such
Judges, cause to issue from the Su-
preme Court the following order
Now, therefore, you (meaning the
Treasurer aforesaid) are commanded
absolutely and peremptorily, without
delay, to pay the warrants issued as
aforesaid, by the State Auditor on you
as Treasurer in favor of the plaintiff.
and that in all things you comply with
and obey the mandates and require
ments of this writ, and that herein you
fail not The following copy of which
writ is hereto attached.
And, Whereas The said writ was an
usurpation. issued in violation of the
Constitution, and in defiance of the sta
tute Of this General Assembly:
And, Whereas. In pursuance of said
writ. the said Hal. w. Aver Auditor of
the State, did on the - day of ----------,
1900, draw his warrant upon the Treas
ury and the said w. Fl. Worth. Treas
urer aforesaid did. pay the said TheoPhi-
lus White, the sum of $SS1l5, contrary