The news & observer., 1901-02-24
ARTICLES Of IMPEACHMENT
PRESENTED TO THE SENATE
They Are Five in Number and Set Forth in
Detail the Charges Preferred Against
Judges Furches and Douglas.
FIRST READ IN THE HOUSE AND ADOPTED

| planned by Mr.. Rountree. in like manner
as the first. This article charges usurpa-
tion of the rights and powers of the
General Assembly by the two Judges.
Judge Connor made several inquiries
as to the signifcation of certain express
sions, all of which were answered salts
factorily by Mr.. Rountree and Judge
Allen.
On motion of Mr.. Zachary, of Transy-
vania, Article 2 was then adopted.
The third article was the occasion of
considerable discussion. Judge Allen
summarized this article as setting forth
that the case of White against Aver had
been decided at the February term, 1900,
and that the Supreme Court had adjourn
ed before June of that year; that the
Legislature in June learned that the
money had not been paid; that then in
the face of an act specifically forbidding
its payment, the Supreme court had is
sued its peremptory writ compelling pay
ment of the claim.
Judge Connor argued against this sec
ton. going into the legal questions in
volved, and Judge Allen defended the ar
ticle.
Mr.. Ebbs said he thought he ought to
say something. There has been great
deal said about the vacillation of 1.-The
judges before issuing the writ of man
damus. The gentleman from New Han
over has said that the Judges had knowl-
edge that the Treasurer would honor
the writ There is no direct evidence to
prove this.
Mr.. Rountree: Judge Montgomery said
So"
Judge Allen: Judge Clark also testified
on this point"
Mr.. Ebbs declared that direct proof of
this existed only in the imagination of
the gentlemen claiming it.
Mr.. Rountree: II trust you do not in
tend to say that have made statement
from my Imagination
Mr. Mastin Judge Montgomery's an
swer was: I do not know
Mr.. Ebbs then began an attack upon the
articles rs = whole
These articles said he, "are argu-
mentative. which is unusual and unlaw-
full for such articles They should mere
ly contain statements
He went on along the same line of argu-
ment he took on Monday upon the i'm
peachment resolution. He was just
starting to take up the dissenting opin-
ion of Judge Clark, when Mr.. Craig arose
to the point Of order that the gentleman
was discussing the question of the reso-
luton, and not the articles Of impeach-
ment.
Chairman Gattis ruled that the gentle
man from Madison had departed a little
from the point of discussion
Mr.. Ebbs They have dragged the dis
cussion into these articles. If have
departed from the right road, have only
followed the track made by them.
Mr. Craig: Il thought the gentleman
from Madison had left that track long
ago. Haughter.)
Mr. Ebbs There was time when |
the gentleman from Buncombe was in
the same boat with me-" Republican |
apDlause.)
Mr.. Craig: Yes, but the gentleman
from Madison got out of that boat"
Mr.. Gibbs then discussed portions OF |
the evidence. and in the course of his
remarks on certain part of the testi-
mony referred TO the gentleman from
New Hanover as having held an opinion
in regard to it,
Mr.. Rountree And the gentleman is
still of the same OPINION
Mr.. Ebbs: Il hope the gentleman will
stick to it,
Mr.. Rountree Il generally do stick to
my statements. | want you to understand
thaC. Mr. Rountree then rose to the
Polhl OF order that the gentleman from
Mauison was not discussing the article
Inc chair. not having copy of the
articles, was unable to make ruling i'm
mediately. and Mr.. Ebbs continued his
attack upon the evidence
The chair at last having road tho arti-
cle III question, ruled on Mr.. Rountrce's
point OF order, that there was nothing in
lhe arucle concerning the question the
gentleman from Madison was speaking on
Mr' Eops SAID he hoped the chair would
keep copy of the articles before him.
ooon motion of Mr.. Curtis, of Bun
combe, article was then adopted.
Mr. Winston suggested that there was
no necessity for reading article but
Mr.. Ebbs objected, saying he wanted to
stand strictly for order. This article is
almost entirely of technical nature. and
called forth much legal questioning and
from Judge Connor
On motion of Mr.. Smith, of Gates.
article 4 was adopted.
Aticle No. refers to the office hold
ng cases, and shows how the Judges had
abrogated the rights of the Legislature
~ series of unlawful acts.
Judge Connor stated that If the man
ayers would aSree to strike from this
irticle after the words constitutional
the words "and did thereby
isurp to themselves and exercise legisla-
I've power and functions" be could vote
or t. Mr. Rountree was OF opinion that
he emission of these words would not
essen the force of the article in the
east. Accordingly, by unanimous con-