The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-28

1t may not be a case exactly on tours
with White VS. Auditor, but the White
is an authority for the issuance of
mandamus taking money out of the
Treasury to pay claims against the State.
l call on you to consider we'll where this
decision is leading us.
''And when it was rendered, all the au-
thorities stood declaring In thunder-tones
Don't issue this writ
"As counsel for the respondents said
today. there is hardly anything in this
case that can't be found in the great
dissenting opinion of fudge Clark. He
went to the bottom o. the whole matter
and he said: We has better not do
this thing, my brethren. We had better
send this claim to the Legislature. We
can then retire with dignity
did you hear his words. Are they
not the words Of Judge and lawyer?
/ say to YOU today, that despite the
poisoned arrows and hings, from what
ever source they come. Judge Clark has
in this case occupied the place of
sentinel on guard And / will repeat
what ! have said before: The people
Of North Carolina may lie down and
sleep confident of safety while he
guards the outer gate
dSh6Q Judge DOltgldS ana JuuSe
Montgomery was there ever before in
North Carolina case in which a Pc
remptory mandamus had issued on the
Treasurer ana both of them said there
was not. From the foundation of this
court one hundred and twenty-five years
ago up to White vs. Auditor no such
writ has ever issued, commanding the
Treasurer to Lay out money in defiance
of law
Here the cases of bonar VS.. Adams.
Burton VS.. Furman and one or two
others were read Commenting on them,
Mr. Watson said:
"Now Mr. Osborne you say it is true
that the Auditors duties were not min
isterial. l answer that if that's true,
it ends your defense. These cases were
put under the eyes of these judges when
they were about to issue this man
damus. That decision was rendered in
1894. Did the respondents know of it.
Judge Clark laid it before their eyes.
1t is in accordance with a long line of
North Carolina decisions and in every
State in the Union it "A the rule never
departed from that no court can go
into the executive department of
State officer and undertake to control
Tire dCIlUIl u THAT officer.
The shellfsh laws were discussed, the
speaker contending that the act of 1899
repealed the act of 1857 and the court
had no power to restore the act of 1897.
Now, gentlemen, / want to submit to
you this issue: Have the respondents
for the past two years been rendering
decisions that were partisan?
1.-The answer GENES from the other
I'll ~ A..
let the Fusionists take charge of the
asylums? Was there any politics in
these asylums? Has there ever been
any politics in it? Was not the plant
if Wood Democrat? Was not his pre-
decessor, Dr.. Grisso,a, q Republican?
Were not the people of all North Caro-
lima calling out in the name of those on
whom God had so heavily laid His hand
not to turn these institutions to poll
tics?
Il say there was 70 politics until the
great upheate, of 1865. That upheavel
left them stranded ana helpless. but
mad to the bone, JUDGES and ALL That
is the truth III all its nakedness.
They don't BELIEVE they were
partisan. WIS. no man nthe world be-
lieves thai. You follow them.
They have taken from the hands of
! the Democrats the Atlantic and North
Carolina Railroad and given it over to
their partisans-the only railroad now
under the control OF the State
! Lets take the Western Criminal
court district. The deft fingers wrote
that bill. He was here then under
oath. He saws here he knows the law
and the Senate wouldn call on him to
bring books. Well, when they got
through with his bin it's author
wouldn't have known it if he'd met it
in the road.
! He would like for every Senator-Iaw-
yer or layman-to read the case of will
son VS.. Jordan. He didn't think any
man could read it without laughing.
Judge Furches says they spent most
OF their time writing political opinions
and he gives you due account of what
was occurring over in yonder court that
Will not be d proud page for North
Carolina,
Then he came to the Day case, and
called attention to the fact that Mr..
Osborne had said there was no politics
IN that; the oill was passed only because
they were afraid lawyer couldn't man
age such an institution He replied that
the bill putting out Dag was passed be-
cause under the administration appoint
ing him the penitentiary had been run
in debt $4,000.
| In discussing the school board cases,
?, decided in favor of The Republicans,
he said:
The last one they had to decide in
FAVOR of a Democrat, but in doing so
/ they reserved two Former decisions to
Keep the Republican plaintiff from hav-
ing the costs to pay If that is not SO,
bring in verdict Of not guilty"
He said that before the Senators took
a vote on this question her like for
them to take the statutes on which
White VS. Hill and White VS.. Auditor
were decided, and find if they can that
| these decisions could lie written by any
hand other than one guided by i'm
proper motives.
Here he called on MIR Osborne, who,
he said, had occupied a very humble
position before the court, thanking
Continued on Fourth Page.)
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