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


he gets it if we do have to prize open
the Treasury
1T had come to the point where 1t
must, in the language of the prize-ring
be decided which is the best man..
1.-The mandamus was issued. One
nandamus? No, two--a sort of double
barreled affair, with which both Treas
urer and Auditor wece to be brought
down at one shot.
sThey deliberately directed that
clerk to issue that warrant, violating
the principles and practices of the court,
and knowing that the Legislature had
deliberately and emphatically declared
that it should not be paid"
Col. Davidson contended that Whites
claim was a claim against the State.
Discussing this point, he said
"All the way down the history Of the
State and it's Constitution, if there has
been anyone thing that the people of
North Carolina have been jealous of it
is the sovereignty of the State and its
protection from suits. Why it was this
very principle that 50 long kept North
Carolina out of the Union-the nom
stability the sovereignty of the indt-
vidual States. And it was the danger
to subversion of this doctrine that led
to the adoption of the Eleventh Amend
ment of the Constitution of the United
States.
| And while the State cannot be sued,
| it is to the great credit of North Caro-
lima that she has provided in her Con-
stitution way in which claims against
her may be adjudicated and settled. A
section was inserted whereby claims
| against the State are to be heard by the
| Supreme court and reported to the Leg,
| slature for its action And in every
case, with one possible exception, the
| Legislature has honored the claim as
recommended.
| And this court had grown, and
| Judge made law was coming more and
| more into fashion. But how can we
| get around this act III the Legislature
! They call in Hoke VS.. Henderson. That
doesn't fit the case. Then they go out
and hunt up their old friend in pari
materia. They dove-tall together all the
shellfish laws ever passed, where they
| don't fit they interline the act and make
! it fit until the whole universe goes rouno
and round old man Theophilus White,
| as if he were the centrifugal force of
the universe. That is in pari materia.
| So far so good.
But how about the act prohibiting
the payment of White. When they
came to that-well I'll do the Respond
| ents the credit, if they call it a credit,
to say that they accomplished a feat of
/ legerdemain that suIpasses anything
ever before known in judicial proceed
! ings so far as they ava recorded to the
world. How did they get around that
act. They read where the act said
| You shall not pay anybody any money
unless the claim is signed by the Sec
! rotary and countersigned by the chair
man of the board To this the court
added, But in paying Theophilus White
this act shall be conformed to as near
as maybe
And that is how the court did the
act-that's the history of this case
In eloquent language the speaker
made reference to the resistance of the
men of the Cape Fear to the odious
Stamp Act, to the early struggles of
! North Carolina colonists, of the forma-
ton of Constitution at Halifax, wherein
it was declared that all power was vest
ed in and derived from the people only.
Every word had ME aiming for those
men. These words they put at the four
corners of the Constitution. Some of
| these men had ridden with Cromwell at
Marston Moor. Some of these men
knew what 1t was to have their rights
| taken away, to have taxes levied and
the money spent without their consent.
| These words meant much to them and
they put them there, and but once since
/ then till now have they been endanger-
ed. Then the people rose in their might
and majesty and rebuked forever the
encroachment on their rights. believe
they will do likewise in this great
crisis"
Col Davidsons closing words were
powerful and effective
Men of North Carolina, / am not
afraid to commit the Peoples cause to
you. You will preserve their Constitu-
ton and protect THEN rights
Col Davidson finished his remarks at
5:45, having spoken for an hour and
three quarters.
Mr.. F. H. Busbee. for the defense
followed him.
Mn. +. H. BUSBEE'S SPEECH
Mr.. Busbee began with a reference ia
the Holden impeachment that must have
| fallen like Balm Of Gilead on the minds
and ambitions of his associates. his ref
erence was reminder that after the
impeachment trial had ended Governor
Vance appointed one of Holden's counsel
| Smith as Chief Justice Of the Supreme
Court of North Carolina.
And why should not some of the at
torneys for the impeached In this case
fall on equally good fortune?"
Mr.. Busbee did not say this, but il
ones mind were logically inclined that
was the question in order
And why not? Some of them have been
leaders in their party even if they are
now drifting and disappearing like lost
| icebergs in torrid sea.
And this thought brought Mr.. Bus
bee to the most interesting part OF his
| specialize drawing of the political line
He entered upon that pIeasan task
by an impeachment of the action of the
House on the impeachment resolution
This is he said, "a partisan politi-
cal prosecution. In the House this was
not even concealed. 1t was naked and