The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1901-03-07
H. w. Aver, Auditor, and w. H
Worth, Treasurer.

tiff recovered judgment, and the writ
OF mandamus ordered to issue. From
which judgment the defendants ap.
pesled to this court. where the judg.
mont of the court below was modified
in amount Of recovery, and rs modi-
fed, the judgment of the court below
was affirmed; and that the said judg.
ment as modified and affirmed entitled
the plaintiff to a salary Of four hun.
dred dollars per annum, as Chief In.
spector Of the She'll Fish Commission,
five cents per mile for each mile trav-
elsd when engaged in the business Of
said commission, and for other extra
expenses not to exceed fifty dollars
per annum. And it being further
declared by the court that the defend
ant, Hal. w. Aver, as State Auditor,
shall pass upon and audit said claims
upon the same being properly certi-
fed by the Secretary of tho Board OF
the Shell Fish Commission, and coun-
tersigned by the Chairman Of the
Shell Fish Commission, and it being
further declared. that the defendant,
w. IL. VolIu, ctdtC 1IcdSufcI, snail
pay the amount stated in the warrant
drawn by the defendant, Hal. w.
Aver, as Auditor, aforesaid.
Now, therefore. you are command
ed. absolutely and peremptorily,
without delay, to pay the warrants
issued as aforesaid By the State Audi
tor on you as State Treasurer in favor
of the plaintiff; and that in all things
you comply with and obey the man
dates and requirements of this writ,
and that herein you fail not.
Witness, Thomas S. Kenan, Clerk
OF our said Court, At Office in Raleigh, J,
this 18th day Of October, 1900.
THOS. S. KEENAN,,
Clerk Of Supreme Court.
(Seal Of tho Supreme Court Of the
State Of North Carolina.)
Fee Paid.
Endorsed: Received October 18th,
1900. and served same day by deliver
ing the original OF the within to W.
H. Worth, State Treasurer.
R. H. BRADLEY,
Marshal OF the Supreme Court oil
North Carolina.
Fec paid. R. H. B.
That, pursuant to tho command
contained in the aforesaid writ OF
mandamus issued to said Hal w.
Aver, State Auditor. the sum of eight
hundred and thirty-ons and 15-1OO
dollars WAS unlawfully audited and
allowed by said Hal. w. Aver, State
Auditor, and a warrant on the State
Treasurer was issued by said Hal. W.
Aver, State Auditor, in words and
figures following, to-wit:
Copy Of Auditors warranty.
No. 22962. $S31.15.
STATE OF NORTH CAROLINA, }
AUDITORS DEPARTMENT. :
Raleigh, October 20, 1900. }
The State Treasurer will pay to
Theophilus White, c. l. S. F. c., o,
J. c. L. Harris, attorney, or ORDER
Eight hundred and thirty-one and
15100 dollars, for salary as Chief In
spector Shell Fish Commission, com
pensation for extra services and mile.
age from March 20, 1899, to Septem
Der ], 1900.
HAL. w. AVER,
State Auditor.
R.C. RIVERS,
Chief Clerk.
Code N. c., Vol. l, Sec. -.
Code n. c., Vol. 2, Sec. -.
Chap. 13, Sec. 12, Laws Of 1897.
Chap. 10, Secs. l and 2, Laws O.
1899, which said warrant was subse
quently, on the 22nd day of October
1900, pursuant to the command con.
tanned in the aforesaid writ of man
damus, directed to the said W. H
Worth, State Treasurer, unlawfully
paid by w. H. Worth, State Treas
urer, out of tho funds in his hands q.
State Treasurer belonging to the State
OF North Carolina, without any ap
preparation being made by law fo1
the payment thereof, to the aforesaid
Theophilus White; which aforesaid
mandamus writs were unlawfully is
sued q. aforesaid, with the intent
thereby to compel, by process in thu
nature of execution, the payment o
the aforesaid sum of eight hundred
and thirty-one and 15-10O dollars ou'
Of the State Treasury. in violation o
the aforesaid provisions Of tho Con
stitution, whereby the said David NJ
Furches, then Associate Justice, nov
Chief Justice, and the said Robert NJ
Douglas, Associate Justice Of the Su
preme Court Of North Carolina, die
then and there commit, and wer,
guilty Of a high crime and misde
meanor in Office.
ARTICLE II.
That at the time hereinafter named
to-wit: on or about tho 18th day o
October, A. D., 1900. at and in the city
OF Raleigh. the said David Nj. Furches
now Chief Justice, and who was ther
an Associate Justice of the Suprem,
Court of North Carolina. and the sale
Robert NJ. Douglas, who was then
and 10 now, an Associate Justice o
the Supreme Court Of North Carolina
and one other member OF the sale
Supreme Court OF North Carolina
now deceased, concurring therein
constituting a majority OF the sale
Supreme Court Of North Carolina. die
usurp legislative authority, and die
assume to themselves legislative func
tions, and, intending to bring th'
General Assembly Of North Carolin'
into disrepute, public scandal and dis
grace, unmindful Of the high duties
Of their Office ~ members of the sait
Supreme Court of North Carolina
and Of their oaths OF Office, and il
contempt. disregard and defiance o
the provisions Of Chapter 81, Publi
Laws of North Carolina, session 1899
ratified tho 9Th day OF March. A. d.
1899, entitled: "A supplemental &C
to an act entitled, An act to provid
for the general supervision of tn
Shell Fish Industry Of the State o
North Carolina, and ratified on Marcl
2, 1892" did, under the color o
their aforesaid Office. unlawfully, will
fully, and in violation Of the afore
said provisions of the Constitution o