The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-06
THE CCMtTTEE's REPORT.
1t Reviews the Evidence Taken and the Law of
the Case

/
the Case.
| The report of the ub-committee on In,
impeachment of Justices Furches anC
Douglas Monday night presented to the ful
Judiciary Committee. and to be voted OF
at meeting Of that committee this af.
! ternoon. is in full as follows
10 the Committee on Judiciary of the
House OF Representatives:
Your sub committee. to which was re-
ferred House resolution 10. respectfully
reports.
That the Legislature of 1897 passed an
act TO provide for and promote the oyster
Industry of North Carolina known as
chapter 13, of the laws of 1897. That Sec
tion II of said act provided that the Gov
ernor shall appoint Chief Inspector, who
shall hold office during the term of four
vars and until his successor is appointed
and qualified. and that section 13 Of said
act provided for the compensation to be
paid such Chief Inspector.
That under this act TheophiIus White
was appointed by the Governor Chief In
spector of the oyster industry. That in
1899, the Legislature passed an act to
!
chapter Is of the laws of 1899, which was
ratified on the 28th day of February, and
that by said act, sections IL and IS of TIE
laws of 1897 were repealed
That the Legislature of 1899 passed two
other acts relating to the Shell Fish In
dustry, one of which was known as chap
ter 10 OF the Jaws Of 1899. which was
ratified on the End day of March, 1899,
nh
March. 1889.
That by chapter 10, of the laws of 1899,
1t was provided that there shall be seven
commissioners, hereinafter named TO
carry out the provisions of this act re-
lating to the She'll Fish industry in North
Carolina and George Fl. Hill, B. d. Scar
borough, Daniel l.. Roberts. Robert w.
Wallace. c. c.. Allen j. NJ. Clayton and
Daniel B. Hooker were named as the COM
missioners IN said act
That b. section .. of said act of said
chapter 10, il was provided that the
Treasurer shall nav the expenses of
carrying out this act. including the COM
pensation allowed said board to It's
agents, servants or employees from the
oyster fund upon the warrant Of the Audi
tor, which warrant shall be issued by the
Auditor upon the certificate of the secre-
tary of the said board, and countersigned
by the chairman Of the Board of Shell
Fish Commissioners.
That by chapter 81, of the laws of 1899,
1t was provided that the Treasurer Of the
State of North Carolina shall not pay any
to any person or. persons
claiming the same for services rendered
the Shell Fish industry, unless
such person or persons are authorized TO
render such services under the provisions
Of the said act entitled ITO Provide for
The General Supervision of the Shell Fish
Industry of North Carolina. and ratified
March 2 1885," which act is said chapter
10. OF the laws OF 1899
That soon after the passage of said
last named act, the persons named in said
chapter 10 as commissioners-Geo II.
Hill and others-duly qualified and enter
I'd uDon the discharge of their duties
That prior to the May term of 1899 OF the
Superior Court of Pamlico county, the said
Theophilus White instituted an action
against the said Geo. II. Hill and others.
alleging substantially that they were ex-
Ercising the duties of an Office to which
he was entitled under the said act of 1897
.
pealing TO the Supreme Court il was
that the said White was en-
titled to said office under the act of 1897.
That thereafter. the said Theophilus
White demanded of Hal W. Aver Auditor,
that he issue warrant upon the State
Treasurer for the payment to him of COM
)ensation as Chief Inspector of the Shell
fish Industry and demanded of the
Treasurer that he pay the same which
demands We're refused. And thereafter,
about December. 1899. the said White |
instituted proceeding against the said
Auditor and the said Treasurer to compel |
payment.
That said action was heard upon appeal |
n the Supreme Court at February term. |
800, and is reported IN the 126 n. c., at |
,age so
That it did not appear in said proceed |
ngs that any certificate had been made |
" the secretary of the Shell Fish Board |
or COMPENSATION to the said White. or |
hat any snch certificate had ever been |
ountersigned by the chairman OF said |
'oard. That payment of said claim was
esisted upon this ground, and upon the
urther ground that chapter 21, Of the.
Continued on Second Page)