The news & observer., 1901-03-27
CLOSlNGsS SCENES Of -
IMPEACHMENT TRIAL
CONTINUED from Third Page }

dong so he defined a claim as "an ac
count that the State is contesting and for
whose payment it has made no provis-
ion. He maintained that "a recognized
obligation for whose payment provision
has been made is not a claim" This lat
ter, he said, was the case in the White
claim, and that in the case agreed that
came before the Supreme court the Treas
urer swore he had the money to pay it.
Here he piped a eulogy on the high
character Of the irnpeached judges and
declared that he did not see how the Sen
ate could pass upon this question without
taking their characters into consideration.
"0UR LEGISLATURE.
The speaker denied that chapter Il OF
the Laws Of 1899 withdrew the appropria-
tion, and then paid his respects to the
Legislature, which he called "our Legis-
lature,' saying that he contributed much
toward its election. Having said this
much about our Legislature, Governor
Jarvis proceeded to give it a dressing
down after the following manner:
Instead of passing a resolution of in
quiry, why didn't we pass one saying
you haven't paid him any money and
don't you pay him. We didn't do that,
but I'll tell you what we did so. On that
very day we appropriated about $4,000 to
men that had never done thing.
''Now what sort of attitude are we in?
We send a committee down there to in
quire whether money had been paid to
men who did the work, while we pay
nearly $4,000 to men who did absolutely
nothing. And yet we say we are a great
party, party processing to have the
virtue and intelligence of the State. We
are putting ourselves in an awkward
attitude. I'd like to see some of you go
before the people of the State and i'm
peach these judges for that"
In discussing the case of Arendell VS..
Worth. Governor Jarvis paid a high COM
pliment to Judge Fred Moore, before
whom it was tried in the lower court,
designating him as a4one of the brightest
minds now on the bench" He hoped he
would be kept there and he believed he
would make a great judge.
But" he added, "he granted peremp-
tory mandamus in the case of Arendeil
VS.. Worth and we don't hear any talk
of impeaching Judge Moore. ="
Touching the irregularities complained
of in the record of White vs. Auditor,
Governor Jarvis said
"AlI these irregularities took place in
the court below and never came before
these judges"
He thought until he heard this trial
that he knew something of government
And here he reviewed his public life, ad-
ding: 'Why, I've given nearly my whole
life in studying my own, and other gov
ernments, but since this trial began he
hot n knew nOth-
ing about it. H
"GUTHRIES NEW DISCOVERY"
He felt this especially keenly when he
heard Mai. Guthrie say Hoke vs.. Hender-
son had gone to the winds and all because
of some changes in the Constitution
This.p part of the Majors speech he felt
like labelling, in imitation of a patent
medicine as "Guthrie's New Discovery. :"
Then he proceeded, in high voice, to use
much the same formula that Major Guth-
ric had adopted in discussing the people
and the Government, to-wit: That all
political power vested in and derived
from the people only.
He argued strenuously to the erect
that the private citizen could not be heard
to plead ignorance of the law in eXtenu-
alton of his offense, but that the Judge
could not be bound bv this rule in his
decisions. provided the mistake is an
honest one.
THE province of the judicial depart
ment is to construe the law. The other
side have stood here declared that as
the man down in the township can't plead
ignorance of the law, the same rule must
be applied to judges on the bench. When
7 heard that. l shuddered at such con-
struction. The Judge cannot be held re-
sponsible. unless there is some bad mo-
tive shown"
ua called upon the managers to show a
single line Of evidence proving bad
motive.
senators, challenge them to do It,
and they answer me not word.
He wanted to know why Judge Moh'-
gomery was not impeached.
He has concurred in every one Oh
those opinions. and yet you say GO your
wav. thou good and faithful Servant
Governor Jarv was willing 10 stahu
by the court for it's decision in Wood VS.
i!ellamy if for nothing else. Here ne
reviewed asylum legislation since 1he
days of Holden, told how he tJarVls) hdu
dealt with them when he was GoVernol'
AID added:
when I remember that it was theSe
Respondents that stood at the doors %
those institutions and said: You can
enter here-I say when | rememDer 'hlo
am willing to stand by these Judges
against all comers.
He didn't stand here to apologize ioi
ANYTHING that had occurred in the pas.
two years. but he stood there to echo anu
re-echo the words uttered by HoVeihoi
Aycock in his Inauguration ADDRESS
Let hatred and bitterness anu S'ii
cease from among u.s.
Hardly had these words been porne ny
the press to the remotest parts % ""i
State than this unfortunate proceeulns
had it's birth in the other end Oh Ihi9
house. | say unfortunate. II were 10
use the sentiments in my heart ! Wou'u
use much stronger words. 1t IS IiioS' u,i-
fortunate and comes at an unlor'uii"'0
time.
He wanted it to so terminate tn'l ,neLe ere
could be peace The eyes not oilS VI ~,
people of the State, but OF the wnoie
country, were upon us He thousn'
had gone far enough.
'If l had to give utterahoo - 49, ~
thoughts Of my heart I'd purh ~. - 49,,