The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-17
THE VOTE ON I'M
PARCHMENT Will
BE TAKEN MONDAY
Continued from 1st page.)


thinks we are going to crusify these
judges. Do not be afraid they are
guilty, we will only fix them in the bonds
Of universal infamy. and let them shine
and stink, and stink and shine. Let us
get together and come up to the line OF
public duty" tremendous applause)
MR. WHITAKER, OF GUILFORD,
Mr.. jenkins was followed by Mr.. Whita-
ker. of Guilford, who argued against i'm
reachment, in part as follows:
Il shall not argue at length the legal
aspects of this case. | shall state some
propositions which | believe have been
agreed to by majority of the gentle
men who have spoken for and against
this resolution.
% The proceedings of the House are
legislative rather than judicial.
CO The right to protest is the preroga
tive of any branch of government when
its rights have been invaded, and may
be employed to prevent further invasion
Of those rights.
go That while statute law is manda
tory the application of impeachment is
rather optional.
ca That there are no specific rules for
Impeachment, and that each case must
be tried on its own merits.
This much agreed ! proceed to say
hat the right of impeachment is of
ancient origin, and is intended to be
used only in extreme cases when the inn
mediate constitutional rights and liber-
les of the people are endangered by
The acts of officials, and the remedy pos
sibly long delayed. Is this applicable to
this case? The Office Of iudgeship
S elective. Elections are frequent,
and the people with almost unrestricted
rights of suffrage have an almost i'm
mediate relief If judges be corrupt, and
by subverting the laws endanger the fun
1amental principles of our government.
The people will necessarily be the first
to suffer if constitutional rights are
overturned Will gentlemen tell the
House who it is demanding the impeach-
ment of these men? Is it the people :?
Public sentiment IS against it. Can
members justify their going contrary to
public sentiment by saying the people
do not understand the law and the facts.
and are not in position TO instruct
them?
The people of North Carolina, law
this question than you think The pa
pers printed many of the decisions of
the court, and declared the judiciary
to be partisan. Men on the hustings de-
clared the judiciary to be partisan; the
oeople believe Scme things were done
that should not be done They saw and
felt the revolution that was in progress
in North Carolina. They realized that
we had set sail upon dark and danger
GUS sea, with mists about US, and rocks
ahead. The times may have been re-
sponsible for this. The people recognized
the situation, and by the ballot drove
from power men whom they believed to
be trafficing in the honor of the State.
You are rushing into the proceed
ings before the House, not only
without instructions from the peo-
pie, but against what believe
to be the enlightened sentiment of
the State. The people of North Carolina
will put new men on the Ship of State
and a new pilot at its helm to lead it out
Of the dangerous waters, but they are
saying at least my people are saying to
me-for Gods sake don't dynamite the
old ship. Have gentlemen viewed this
case in all of it's aspects?
Have gentlemen of the majority paus-
ed to consider what will be the result
If the substitute offered by the gentle
man from Wilson Judge Connor) and
my amendment thereto of protest against
the encroachments of the judiciary upon
the legislative branch of government, are
defeated, and the Senate fail to find
Judges Furches and Douglas guilty of
l.
of impeachment? Let the Legislature
adopt the resolutions of protest and
word will 90 out that we the represen-
tatives of the people have said to the
judiciary-thus far shalt thou approach
our sovereign rights and no farther.
When those men are brought before the
bar of the Senate the Senate must either
convict or acquit. No resolutions of pro-
test can then be entered upon the jour
nails of this Assembly. If they are con-
victed they must be removed from Of
flee and their rights to hold office be
taken from them.
will the protest proposed by the gen.
tlman from Wilson be sufficient to pre-
vent further invasion of the rights of
the legislative department OF government
by the judiciary? Standing here, with
God knowing the thoughts OF my heart,
| declare to you, l believe it will! l do
not believe the evidence presented by the
sub committee proves Judges Douglas and
Furches to be enemies of this State.
Partisan though some things they did
may seer, to US. | DO not believe the
act for which they stand accused was
prompted by corruption of private mo-
tive, or by determination to overturn
the fundamental principles of the con-
stitution. They are men with the frailties
we all possess, but men Of heart and soul
as well.
with them / do not agree politically.
do not believe the political principles
they es~ouse to be for the best inter-
ests of nv State and at the ballot box
and other good citizens Of my county
will attempt to remove them from office,
but | will not do so here on the evidence
introduced by the subcommittee. Let
gentlemen think we'll before they vote to
bring unon these men the infamy of inn
parchment. l do not come asking for
mercy, but l do come asking for justice
tempered with mercy. do not come
claiming these men may not have erred
in judgment, but that the remedy is by
plain, vigorous protest rather than by the