The Caucasian. (Clinton, N.C.) 188?-1913, 1901-03-14


dainTy. haN. ~xlCh -sf--t +"
The .y.skcr hrrv further rv4d
irom the ds<l~ion "a \ bt-ost W. Bssi-
dingficld:
The only r~trsc,ion apan tho
legislative Io~cs !. that ait~r thr
ofhc-r has Aorptsd offic- uI-oa the
terms specified In the sct cr@iing
the officv. this h-slug csat.et D.
tween him aud the State. the Log
i-lature C1nnoi turn him cut by sn
~; Purporiing to abolish the officc,
bot which In effect continues the
saline office In cxistcncr. Thl~ l. on
the ground that al offioc j. . con-
tract between the ofiincr aud ihr
State, ~ was held In Hoke ~. Hen
der-on, / 5 y. e., l.. and has ever
since been followed Ia North Caro-
lana down To and including Mooi
~ BellAmy, 100 NC, 2l2."
Now, Mr.. Speaker and gvntlcm-n,
n stated q while ago, Justice Clark
wrote n dissenting opinion In the
case Of Abbott ". Bcddingfield. but
in the case Of State Va. Southern
Railway Go, l25 y. G., 66s, Ne
tind that Justice Clark wroi. The
opinion Of the court, and in doing
80 said: "The statute OF 1881, chap
ter $40, l. not REPEALED by th. Acts
Of 1899, chapter l6i and chapter
800, but was In effect amended, ~
enacted and continued In force. Alb
bott Us. Beddingfield, l25 ". G..
2j6, at this term" Justic. Clark
further states in rendering this opin-
ion: "The other points, aud the
one principally relied on by the de-
ienlsnt Is, that the statute under
which the indictment WAS drawn.
Laws 1891, chapter 32O, section Z,
l. repealed by chapter SOC, Law
1899, but il was held At thi. term,
Abbott US. Beddingfeld, that chap
ter l6i, LAWS 1899, creating the
Corporation Commission, which wa-
enacted on the same day a. chapter
500, in effect re-enacted and contin.
ued in force chapter 320, Laws 1891.
Ii necessarily follows, therefore,
that this individual has lost none
Of its vitality by virtue of an ACT
which merely amended and contin.
ued i'm force the statute under which
il was drawn" This decision sus
tains our contention Is to the oa-s
Of White VS.. Auditor. IL was held
i'm State vs.. Williams liz v. e,
953, as follows:
''The re enactment by the Leg
islature of law i'm the terms of |,
former law at the same time il ~
pcals the former law, il not, in con,
temptation Of law, a repeal, but il J.
a re-arfirmation OF the former law
whose provisions are thus continue,
without any intcrmis-ion."
Now, Mr.. Speaker, and gentle
men, il does seem to me that Mr.
Justice Clark l. little inconsistent
in his opinion I'm the case OF StAt'
vs. Southern Railway Co., when th.
same is compared with his dissent
ing opinion I'm the case Of White "
Auditor. If he was right at fret
then he is certainly wrong now, !
he is eight now, then just a. certain
ly was he wrong at first. I do no
want to criticise, it is not my pro
vince 10 criticise the acts Of any one
but when he reduces his opinions q
writing, / am then entitled 10 reaI
and comment upon them. In tn
Holy Bible, Ii was David, i believe
who exclaimed: "Oh, that min
enemy would write book" and Il
this case, / teink that has been done
} Mr. Speaker and gentlemen, tn
question Of sympathy, the question
of character, and the question q
conscience has been brought int
this discussion, and many quotation
have been made from the Bible.
, am indeed, glad TO be among a bod
Of men, who has such a store {
Biblical knowledge, Ii makes IN
, feel like ] was surrounded by gre.
, fortress, impentrable and insul
mountable; and now i appeal
these men, who are thus equippe
with so much Bible knowledge, an
{ whom, / trust, are God-loving, CO
serving and God-fearing men, al
{ ask them in Gods name, to not rus
into this matter, a. the mad hor'
: rushes, unthinkingly, into battl
1 but stop and think and consider We
a before giving their assent to Il
e Impeachment Of these Judges.
, wrongfully done, Ii will be q stat
o upon the bright escutcheon Of Nori
1 Carolina and q blot on her histOI
s and fair name for all time to com
+ Now as to the questions Of chara
e ter, sympathy and conscience.
v have been taught from my early i
' fancy that character IL the princip
e thing, to be without il, Is tn
= wanting in that which Ii takes
;, constitute a man in the true sense
/ the word, all riches become as ira
b when compared with character. b
# it was said the other day, that ,
J. the more these Judges ought to
impesched, because Of their go
= character. say il my good nan
o avails me nothing in the hour
,e distress and misfortune, 1t wou
# have been better had / never obey
q the laws Of my country. 1t Is -
E that the question of sympathy dc
not enter into this matter. That
d true to q certain extent. But / wa
It to say, If / am ever so unfortun,
IS as to be put on trial, / want
t. man to try me who has not an abu
I'd dance Of the milk Of human kin
lg ness In his heart. i contend II
Y we can let sympathy, and ought