The news & observer., 1901-03-07
part thereof.

part thereof.
And IS 10 The remainder OF the said
article, they repeat their answer to the
said first article and deny that the said
claim was unlawfully audited and al
lowed by the State Auditor. and that the
warrant for the payment of the said claim
was unlawfully issued by the said Audi
ter and unlawfullv paid hy the State
Treasurer. contrary to the lawful prOvi-
sions of any act of the General Assembly,
or of any provisions of the Constitution
of the State of North Carolina, or in dis
re gard and contempt thereof, or with any
willful or wrongful intent whatsoever 20
compel or require the payment of the said
$s31.1 out OF the State treasury. and they
further deny that the aforesaid manda-
mus writs were unlawful or contrary TO
any provisions of the Constitution of the
State of North Carolina, or to any act or
acts of the General Assembly.
And these respondents soleInnly deny
the allegation in said second article, that
they were guilty OF high crime or mis-
demeanor ~ oft!ce as in said second ar
tice set forth.
ANSWER TO ARTICLE Ill.
And fer answer to said third article
these respondents say that they abide by
their answer 20 the first and second ar
ticIe in 80 FAR as the Same are responsive
TO the allegations continued In the said
third article. and without here again re-
peating the same answer. pray that the
same be taken as an answer to this third
article as fully as If here set out at length
and rs to the new allegations contained
in the said third article, these respon-
dents sa.' that il is not true that the
Supreme court of North Carolina adjourn
ed at the Februar.- term, 1900, OF said
court for the term without directing
mandamus writs TO issue in the said con-
troversy submitted without action, en-
titled Theophilus White against Hal w.
Aver, state Auditor, and W. II. Worth,
state Treasurer, as alleged in said third
article; on the contrary, these respon-
dents aver that the said court, before the
erd of said term namely, on the 22d day
of May. 1900, in it's opinion and judgment
then rendered and filed in the aforesaid
cause. affirmed the judgment of the court
below as modified bv the opinion OF the
court. directing and commanding the said
mandamus writs to be issued, and render
cd Judgment in accordance with that opin-
ion. and that it was upon such Judgment
and according to the due and regular
course of procedure that said writs were
| issued
And as to the further allegation con-
tanned in the said third article that the
| General Assembly at its adjourned ses-
sion in June, 1900 passed the resolution
set out in said third article. appointing
taf ~
| Treasurer and ascertain from him II he
had paid out any money TO Theophilus
White. and If SO, on what authority; and
as 20 the action of the said committee
pursuant to the aforesaid resolution
these respondents have no personal
knowledge. but suppose that the same IL
| true as alleged in said article; but they
| declare, however, that whatever resolu'
ticn may have been passed. and whatever
may have been done b. the aforesaid
committee. was done after the ar7eal N
| said controversy without action of White
against the Auditor had been decided
| by the Supreme court Of North Carolina
and it's opinion and judgment had beer
rendered therein: end that there was
| then no longer anything pending before
| the said court pertaining TO said contro'
vorsy upon said appeal; and that the is
suance OF writ of mandamua. after thf
entering of judgment directing the same
devolved upon the clerk.
The remainder of said article these re-
spondents solemniy deny; and they furth'
er denv the allegation in said third ar
| ticle set forth that they, as Associate
| Justice of the Supreme court Of North
| Carolina. did then, and there commit anc
| were guilty of high crime and misde-
meanor in Office.
ANSWER TO ARTICLE ~.
| And for answer to said fourth article
these respondents say. that they abide
! BY their answer to the said lirst second
| and third articles in so far as the same
| are responsive to the allegations contain
| ed in said fourth article. and ~ithouI
| here again repeating the same answer
prav that the same NAV be taken as an
| answer TO this fourth article as fully as IL
/ here set out at length; and as 10 the new
allegations contained therein. these re-
! sroudents say: That the said writs OF
m,ndamus we're issued bv Thomas ).
| Kenan. clerk OF the Supreme court OF
North Carolina. in conformity to law, ac-
| 81 riding 10 the orderly course and pTac-
tico of the courts. and pursuant to the
opipfon and judgment rendered May y,
! 1909 directing the same TO be done.