The Caucasian. (Clinton, N.C.) 188?-1913, 1901-02-28
m. Esss on TINE IMPEACHMENT.
Continued from n It Page

undertaking tn i,n Is-ach thee Judg'-
for Issuing su,h wit: Their ais-
swer, Is. that the Constitution Tor
bids any writ In the nature OF an
execution 10 i<ue against the State
of North Carolina. / answer that II
true In one sens, but the opposition
10 these Judges fail 10 note dtsiinc-
ton, between sueing the State here
no appropriation Is made aud where
an appropriation Is made In the
czse Of White Va Auditor, the L,gts-
lature had made and set apart . par
ticular appropriation for q particular
purpose, and that purpose was for
the salary Of White Is Chief lnspec>
tor ETC., that particular fund MAS In
the hands of the State Treasurer and
was denied to White by the TreAsur-
er. Now would IL not be . mons
trous proposition, To say the very
least of II, that Mr.. White could not
90 into the courts OF his country,
and ask for and obtain . writ 10 ne
lcover that which he was as much
entitled to, as any . her species Of
private property? And yet Mr..
Speaker, this Legislature Is now seek
ing to impeach these Judges, not he
cause they say White is not entitled
4 TO the Office, that is not denied, but
because they issued q mandamus TO
lenfurce or assist him In the collec-
+ ton of his salary, and In doing SO,
Mr.. Speaker, these Judges have fol-
lowed a long line Of decisions In
: North Carolina, the soundness of
which has never been cOntroverted
1 to impesch these Judges for their
IdecisiOn In this matter, 1t follows as
natural sequence, that you ought
=, to dig up the ashes of Daniel, Ruffin,
Pearson and others, who have worn
81 the judicial ermine In North Caro-
lima, with honor and distinction 10
themselves and State, and impeach
b them.
Now, Mr.. Speaker, IL the legisla-
ture OF 1899 had stopped At the en-
sctment Of chapter Is Of the laws
Of 1899, they would have lawfully
d consumated what they intended to
9 do, that is to legislate " hits out
IT Of Office. suppose there Is no ONT
Is nere upon this floor, who will deny
q that such was the Intention OF thai
legislature. The Fusion and Re
publican legislatures of 1857, did
the same, the only difference be
Is tween us and you, we did what h,
~ did In open broad day light, anC
you undertook to do 1t by drafting
ID your bills in estute language, abo
n. lshing an office one day and crea
90 ting the same office, with simila
duties, the next day, this is wha
you undertook to do in the case O
rheophilus White, to deprive hin
o. Of his vested rights which ne ha'
by virtue OF his appointment unde
~ the acts of 1897, chapter IL. Tn
"a supreme Court Of North Caroiin
~ said, composed Of the Judges, whom
90 you are now seeking to impeact
and the late iamented Chief Justic
=. Faircloth, who has passed beyOn
the pales OF human courts, an
whose spirit is in the unknown b.
or yOnd, you cannot do this, for tn
IN reason, that the Office Is propert
and Is the subject OF protectio
ed like any other property under tn
ell provisions of section II of article
he Of the Constitution, and has bee
=, 80 hello in the cases of Hoke VI
- Henderson, Is n. c., King VS. HUI
u.s. ter, IS, N. c., Cotton VS.. Ellis, s.
n. G Bailey vs. Caldwell, So, N. {
rd and Bunting vs. Gales, n, NC.