The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-15
plauded, especially by the galleries aud
the Republicans on the floor


House on the impeachment question.
I'VE are here in the capacity of a
grand jury and appeals for mercy such
as the gentleman from Martin has
just made would come with better eff
feet in the Senate when the case is OH
trial.
"Also my friends remarks here would
come with better effect if he had not
last December signed the report OF the
legislative committee appointed TO IN
vestisate the State Treasurer's book
This report finds practically the same
facts as does that of the sub-commlt-
tee now before us for consideration.
The report, as signed by Mr..
Stubbs, was read in part by Judge sra
ham. It's reading was greeted with
much applause.
Continuing his remarks on this point,
Judge Graham said:
Times change and people change
with them. Something has come over
the spirit of the dreams of my friend
from Martin. He signed the report l
have lust read and now here he is MAX
ing speech against it,
Judge Graham now took up the legal
points involved in the case and dis
cussed them with greaat ability and
clearness. He read the constitution
providing that the Legislature shall
have exclusive contror of the treasury.
Also a number of decisions in this State
were cited, (Wilson VS.. Jenkins, 70 n.
c.. SO; Shaffer VS.. Jenkins, ~. N. c.,
275; Clement VS.. State, II, N c., 144,
holding that claims against the State
h. To no a
bly,. On this point Judge Graham read
the head notes of the decision in Glenn
ents VS.. State IN. c., Il, 1872:
Upon the decision of this court in
favor Of the plaintiff upon claim pre-
ferred against the State. the proper
course is for the clerk to transmit the
proceedings in the cause, together with
the Judgment of the court to the Gov
ernor to be communicated by him to
the General Assembly
These judges had the constitution
and these decisions of the supreme
court before them" continued Judge
Graham. land if they Gisregarded them
they must have done so wilfully and
knowingly. And now notice the trend
of events in the White case. The court
decided it in May. In June the Legis-
lature met. 1t inquired of the Treas
urer whether or not he had. in disre-
gard of it's prohibition, paid White any
money. He said he had not. In Sep
TENDER after the Legislature had finally
adjourned the mandamus is issued by
the court
And here Judge Graham, like Judge
Allen, who had preceded him, review
ed the evidence showing the twistngs
and squirmings Of the judges before
they issued the mandamus. Also he
told of Col Kenan, clerk of court. go
ing to the Marlborough at night for
a conference with the judges, and OF
how Judge Furches next day sent him a
form for the mandamus.
In this connection Judge Graham
spoke in highest terms of Col. kenan
and his official acts, but condemned
strongly the judges. He added:
IF there was no other evidence in
this case, I'd know that they were try
ing to put some one else between them
selves and the fire"
THE SUPPRESSED DISSENT.
He related how the three judges
(Faircloth. Furches and Douglas), in
omen court had ordered the mandamus
to issue, Judges Clark and Montgomery
dissenting. Also lac told how the dis
sent of Judge Clark had been suppress
ed and the clerk prohibited from. filing
it with the papers. This. Judge Graham
denounced as "dastardly conduct" and
said he couldn't see how any man could
hesitate to vote for impeachment under
such circumstances
Mr.. Curtis, Of Buncombe: is there
any other case in which the judge was
refused the privilege of filing his opin-
i ion?''
Judge Graham: II have never heard
OF it. and on this point I'd like to read
YOU a case of the kind that arose in
Pennsylvania court Commonwealth VS..
Addison. 4 Dallas. 22D. The court in
it's opinion on it said:
we are of opinion that every judge
has a right. and emphatically that it is
his duty TO deliver his sentiments upon
every subject that occurs in court. We
add. so far as the expression of our
sense Of decorum may have weight. that
we think it would be indecent and i'm
proper in any presiding Judge to at
tempt to prevent his associates from
the exercise of this right from the
performance of this duty.
Commenting upon tie above opinion
Judge Graham asked:
Now what is North Carolina going
to say to two judges who say to an as
sociate on the bench: You shan't let the
people know what you think of an act
of this court?''
Judge Graham now turned his at
tention TO the objection that the $500
involved was too small an amount to
make impeachment necessary or even
permissible.
ut is not the amount: but the prin-
ciple involved, that makes it not only
permissible but absolutely necessary,
continued the speaker and on this point
he read as follows from Guthrie on the
Fourteenth amendment:
There is another rule in constituting
or eXpounding a constitution. and that
is that the ancient maxim de minimis
non curat lex 1.-THE law takes no notice
of small thingsl has no application
The violation of a constitutional right
should never be measured or met by
any such plea. 1t is said that counsel