The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1901-02-19
THE IMPEACHMENT PROCEEDINGS.

ment OF Chl6f JuSTlc0 DdNIu W.
Furches and Associate Justice RODerU
M. Douglas, Of the North Carolina
Supreme Court, was taken up IN the
House of Representatives last thurs
day morning at II o'clock. Its I'M
DOrtance Is such that we offer no
apology for surrendering so Il
of our space to a report of this mat
ter. We watched the proceedings
carefully. Partisan feeling was not
so much in evidence as we feared 1t
would be, but it necessarily plays a
part IN any case involving partisan
legislation, as this did, The 1897
Legislature, Fusion, elected EheOph-
illus White Shellfish Commissioner
for four years. The 1899 Legislature,
Democratic, abolished the office but
transferred it's duties to other men,
further ordering the State Treasurer
not to pay Whites salary. The
Supreme court held that White could
not be Ousted and issued a mandamuS
ordering the payment of his salary.
The issuance of this mandamus Is
pronounced the sole cause of i'm
parchment. Messrs. Stubs and Var
borough, Democratic lawyer-legis-
latOrs, however, say the judges acted
properly in issuing the mandamus,
~cOntending further that an error Of
law, granting that such was made, is
not an impeachable offence.
But the resolution has been adopted
and the charges of Impeachment will
be made. The House, it should be
said, cannot impeach, but simply
prefers charges for the consideration
of the Senate, which body will either
impeach or acquit. The trial will
occupy much time and an extra SEES
sion of the Legislature will doubtless
be called.
The Progressive Farmer has al
ready given its opinion of the whole
wretched performance, and it is not
necessary 70 repeat here. In what
follows we give merely an unbiased
report of the debate in the House
and the result.
Exactly at II o'clock Thursday the
Craig resolution for impeachment
was announced as the special order
and the clerk read the majority re-
port of the Judiciary Committee
recommending the passage Of the
resolution.
The minority report, which was
signed by three Republican members
of the Judiciary Committee, was
then presented as follows:
$40 tie Honorable the General As
Sem6Ly of the State Of North Caro-
Hn0:
eve, whose names are hereto sub
scribed, the minority of the Judiciary
Committee of the House of Repre-
sentatives, respectfully report:
"That we have considered the evi-
dence submitted under the resolution
of enquiry in regard to the conduct
of former Associate Justice D. NJ.
Furches and Associate Justice r. M.
Douglas, of the Supreme Court of
North Carolina, and have carefully
considered the law in relation there
to. Without entering into Il detailed
statement we are of the opinion that
nothing appears in the evidence or
in the law relating thereto which
justities any resolution either of i'm
parchment or censure.
eve, therefore, respectfully
recommend that the House take no
further action in regard thereto.
81. w. EBBs,
80. V. F. BLYTHE,
'IF. B. BENBOw."
Judge COnnOr offered as a substi
tUte for the whole matter the follow
ing joint resolution of disapproval:
"ReSOLUed by the House of Repre-
sentatives, the Senate "concurring:
"That in issuing u mandamus to
the State Auditor and State Treas
urer in the case of Theophilus White
VS.. H. w. Aver, State Auditor, and
W. H. Worth, State Treasurer, lately
before it pending, the Supreme Court,
a majority thereof c~oncurring, as
sumed authority and power not con-
ferred by the Constitution and laws
of the State, but in derogation
thereof"
Mr.. Allen, of Wayne, then sent
forward the following amendment to
the Common resolution
"'phat said Judges, David M, Fur-