The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-01
1t Condemns Auditor Aver
and Treasurer Worth.
The WRIT OF MANDAMus A USURPATloN
The Resolution Provides For the Ap.
pcintment of Seven Members of the
House as Managers of the
Impeachment

REPRESENTATIVE Locke Craig lntfoduc-
ed in the House yesterday what is prob
ably the rnost sensational measure to
come before this session OF the Gen
eral Assembly. resolution calling for
the Impeachment OF Chief Justice David
NJ. Furchas and Associate Justice Robt.
NJ. Douglass. of the Supreme Court
The charge is that they were guilty of
a usurpation of power in ordering the
state Auditor 10 pay certain money to
shell Fish Commissioner Theophilus
White. in the face CT "a law passed by
the Genera Assembly of 1899.
The full text Of The resolution is as
follows.
Resolution. relating to the action of
the Auditor, the Treasurer and two
Judges of the Supreme court in the
case of Theophilus White against Hal.
w. Aver. Auditor. and w II. Worth.
Treasurer.
Whereas. The Constitution Of North
Carolina. Art. g. Sec. O. declares:
The Supreme Court shall have orig-
iual jurisdiction to hear all claims
he merely recommendatory. No pro-
cess in the nature or eelevution shall
issue; they shall be reported to the
next session Of the General Assembly
for it's action" And
Whereas. The General Assembly of
North Carolina at it's session of 1S9!
did enact Chapter q. Public Law. sec
tion /:
The Terssur,.r of the State of North
Carolina shall not pay any compensa-
ticn TO any person or persons claiming
the same for services rendered con-
corning the shell fish industry. unless
such nerson or persons are authorized
10 render such services under the pro-
visions OF said act entitled TO provide
for the general supervision of the shell
fsh industry OF the State of Nortf
('c-ciina. and ratified March End, 1899,
cud
Whereas Theophilus White brought
action OF mandamus against Hal w
Aver, Auditor. and w. Fl. Worth
Treasurer. TO compel them to issue a
warrant for his salary for services rem
dcrcd concerning the shell fish industry
and
Whereas, David Nj. Furches, Chief
Justice OF North Carolina. and Robert
NJ. Douglass. Associate Justice of the
Supreme Court acting as judges of the
Supreme Court of North Carolina. did
on the 18th day of October. 1900 under
the color Of the power and authority
aforesaid in them as such judges. cause
TO issue from the Supreme Court the
following order:
Now. therefore you (meaning the
Treasurer aforesaid) are commanded
absolutely and peremptorily, without
delay to pay the warrant issued as
aforesaid by the State Auditor ON YOU
as Treasurer in favor of the plaintiff,
and that in all things you comply with
and obey the mandates and require
mcnts of this writ. and that herein you
fail not" The following copy Of which
writ is hereto attached. And
whereas. The said writ was an usur-
patton. issued in violation OF the Con-
ytitution and in defiance OF the statute
O. this General Assembly, and
Whereas. In pursuance OF SAID Writ
the said Hal w Aver, Auditor Oh me
state. did on the -~ day OF
1890. draw his warrant upon the treas
riry and the said w n. Worth, Treas
Grer aforesaid did pay the said Tneo-
philus White the sum of SS31.15 con-
iIalA 10 Int t-CI5t1tullClA t'iiA tNe''''
North Carolina as aforesaid. NOW
therefore. be ii resolved Of the House
of Representatives of North Carolina;
/. That the action qf the said W +
Worth, and HAL w. Aver be CONDEMNED
as unlawful and unconstitutional, mer
iting the rebuNe Of the people Of Nortf
Carolina
.. That the action OF the said Judge
CT the Supreme Court is hereby declare
TO be in violation of the spirit and let
ter OF the Constitution ana in defiancf
Of the plain statutory law of this State
usurpation of power subyersive Of tn
lights and powers of the Legislative
Department or the Government.
8. That the said David NJ. Furches
chief Justice OF North Carolina, an6
Robert Nj. Douglass, Associate justice
OF the Supreme Court of North Carolina
be impeached of high crimes and mis-.
demeanors in office.
4. That a committee Of five be ap
pointed 10 go 10 the Senate and at. tn.
bar, therecl, acquaint the Senate tha
the House Of Representatives in til
name Of ale The people of North Caro-
lima VIII impeach David N. Furche,
Chief Justice Of North Carolina an
Robert III. Douglass, Associate
Justice of the Supreme Court of North