The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-15
THE AFTERNOON SESSION.

At this point the House took recess
until 4 o'clock
THE AFTERNOON SESSION.
The House met again at 4 o'clock. and
the question on Judge Aliens amendment
to Judge Connor,s resolution was re-
sumed The galleries and Hobbies were
crowded with spectators. as al the morn
ing session, and the highest degree of in
terest was manifested in the proceedings.
Mr.. Whitaker, of Guilford, sent for
ward the following resolution as a subst-
tute to Judge ALIENS amendment
THAT the Senate and House of Repre-
sentatves do most solemnly and firmly
protest against the said action of said
court as an invasion Of the powers of the
Legislative Department of the Govern
ment and setting a precedent dangerous
to the constitutional rights of the peo-
pie
MR.. SEAWELL'S SPEECH.
Mr.. Seawell. of Moore, next spoke in
favor of adoption of the esolution. He
said:
81 do rot intend to enter upon an eX-
tended argument on the law involved in
their matter ] DO not deem it neces
sary, because the only argument up to
this time made By the opponents of the
resolution signally failed TO toucn the
main charge against the justices that
they directed the issuing of mandamus
a process in the nature of a final eXecu-
ton, which they were prohibited from
doing b. article 4. section .. Of the Con-
stitution of North Carolina. But there
are some practical suggestions I wish to
offer. outside OF legal argument.
There are two suggestions coming
frcm the argument of the opponents Of
the resolution that | deprecate. One is
that this proceeding is tinged with any
consideration OF eXpediency. The other
is that it is necessary to constitute our
selves a court of final trial and be abso-
lutely sure, beyond any doubt. of the
guilt of the justices before we pass the
resolution.
Il submit, Mr.. Speaker and gent .
men. that the question presented 20 as
today is essentially different from that
which existed before iris procea ling
was begun. Then we might have cod-
sidered as to whether O. not the Of
fence of these two Justices of the Su-
preme court was one of great or little
gravity. whether it was polite or eX-
pedient to impeach them. But the IL
PRODUCTION of the resolution and the
subsequent proceedings have put a eff
ferent phase on the affair, and we have
now passed the time for consideration
of expediency and policy, and are con-
fronted with a question of right or
wrong. The report Of the sub-connit-
IL. ksN,, e,K~1
oially intrusted shows a case sufficient
for impeachment The facts will be
heard in the trial before the Senate, an
til then the findings of fact by the com
mittee are uncontroverted: their con-
illusions of law cannot be successfully
disputed.
THE whole committee have recon-
mended the impeachment. The vote to-
day should not be based on any conSld-
Grafton as to how guilty in what &C.
gree guilty, are Judges Furches and
Douglas, but on the question are they
guilty at all? The subcommittee says
the Justices may be impeached, the
full committee says they ought - be
impeached. and indeed if they have
done that for which they may be I'M
peached. most assuredly they have d'ne
that for which they ought to be inn
peached. And if guilty at all, they are
much guilty. For Justice of the high
est court, who should be above par IL
sanship. beyond politics, impartial
without fear of enemy or favor OF
friend, for him boldly to think of pros
tituting his high official power to par
tisan ends is a msdemeanor for him
IN CyiN
his judicial acts. by abrogating
law and interfering with justice
is high crime. For two years
State have been in the hands of Cul
Supreme court as clay III the hands OF
the potter and the legislative will has
been a thing to obey or TO scorn ac-
cording to it's political complexion and
the partisan demands of the hour.
WHAT THE COURT CAN DO.
Under the decision in Harris vs.
Wright the Legislature can clothe the
| blacklist negro that walks the streets o1
| Raleigh with the more than llingly pow
er of naming every officer OF the city
| from the mayor down. and yet agar
under Day VS. the State Prison thu
Legislature cannot. even by abolition o.
! the office and reconstruction Of the I'M
| slitutiOn. terminate the tenure o
an officer so long as there remain:
10 be done any vestige of the things ht
| formerly did, and yet again in Ware
| VS.. Elizabeth City the Legislature car
| give an office-holde- the grand bounce
by changing boundary line, ana ,e
again in White VS.. Auditor the Leg
islature is powerless TO prohibit paying
cut the States money. And yet, thcr,
is a method in this madness, and
want YOU 10 mark it. The Legislature
which could defy the right of local self
government and give the appoint:nen
of city officers to an individual, non resi-
dent. was Republican Legislature ant