The news & observer., 1901-03-21
'sRYNUM EXPERTS"
TO GET Their PAY
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not so positive. Col. Kenan was unsatis-
fed and came back later.
THE second time Col Kenan came into
the court for instruction, remember we'll,
for important things there occurred. Judge
Furches was, as he always had been,
mcst positive and emphatic in his state
ment that it was the duty of the clerk,
under the decision in White VS.. Auditor,
to issue the writ. Judge Douglas and
Chief Justice Faircloth said the same
thing though in different language. l said,
Colonel, don't issue it, you know my dis
sent; that is my opinion. / don't want
to be dragged into this thing Ny record
was clear and what l did should be from
The open bench
Judge Montgomery now told of Judge
Clark's protest and dissenting opinion,
and his application for permission to
file them. He said Judge Furches spoke
UP saying they could never he filed with
his permission. Judge Douglas also de-
clined to allow it.
Then | turned to Judge Clark and
said: Judge Clark, your dissenting opin-
ions have been so full of appeals to the
people and of political learning that 1 am
tired of it, and l can never consent to
these papers being fled
And they were not filed?"
''No, and / said: Judge Clark, you have
leen at the bottom of all the troubles of
the court. These newspaper attacks have
come from you, and l know it. You gave
Mr.. Worth this advice not to obey the
order of the court He admitted it, but
said Worth had asked his advice"
What became of the protest?"
''At the first conference after this he
asked to have them back, since We
would not ALLOW him to file them.
gave mine backss Judge Furches said that
in view of what had been said he pre-
ferred to keep his. Judge Douglas didn't
have his with him. And l want to say
this: There was never a word altered in
that dissent with my knowledge or con-
sent" ~
What would you have done in regard
TO that mandamus if the application for
it had come properly before the court? -
IF the plaintiff had asked the writ in
conformity with the judgment of the court
/ would have said: The Supreme Court
of North Carolina is the final arbiter OF
the law of The land, and Notwithstanding
what / may personally think about the
matter (for l fled dissenting opinion
must be subserved and he must have his
writ. / couldn't do less"
HOW THE FUN BEGAN.
This completed the direct examination
of the witness. So far things had pro-
ceeded smoothly enough, barring, OF
course, the Facy relation OF ugly things
so bravely said to Judge Clark by the
witness and his eager willingness to an
swer any question that he thought might
tend to lift his conferees out or the
desperate hole they are in--but for these
agitating incidents things had trundled
along nicely enough, under the benign
guidance of Governor Jarvis. But when his
hand was removed and the direct, breezy
cross -questions~of Mr.. watson were ap-
plied to the witness things changed in
stantly and those present were destined
to enjoy for the next hour, performance
that, for amusement and pictureSqueness,
is seldom eqiialled, even under canvass or
behind the footIights.
Mr.. Watson seemed eager for it and
Judge Montgomery seemed to accept the
challenge with equal ardor.
They started equal-both in good humor;
but the first question had not been fnlsn-
cd before Judge Montgomery had lost MS
temper and from then on there was much
TO smile at, which smiling but made the
Judge the madder, and he said as much.
MIR. Watson began by asking:
Judge. YOU were examined before the
committee appointed to investigate the
impeachment resolutions, l believes"
II was
"Apd YOU examined and revised your
testimony before it was printed?'
II did because there was lot OF foolish
ness allowed to go in it by Judge Allen
and Judge Connor." (The Judge spoge tes-
tlly and rapidly.
Judge Allen (rising and speaking slow
ly): You mean that it was not correct
Iy reported by the stenographer and we
allowed you to take it and revise 1t, don |
you?'
That's right Cooling DOWN.
you were sworn?" asked Mr.. Watson.
Yes"
Hadn't you talked to Col. Kenan about
issuing that writ prior to the time Har-
ris made his motion in court?"
Il don't think l had"
"Didn't you go to Col Kenan's office
before that and advise him to issue
it?"
Il think not"
''Do you not know he was so advised?"
IL do not
Were you not asked by the commit
tee to tell all you knew about that writ?'
NO / only answered the questions
asked me- There were some things about
my relations with Judge Clark that
did not tell, but here / have told them
because they are true and they will never
be contradicted by mortal man."
The voice of the witness had now risen
to a piping defiance. but Mr.. Watson
smiled blandly and asked
"And you said some pretty sharp things
in some of your opinions, two, didn't
you?"
RING THROUGH ALL TIME"
''No sir (angrily), l pride myself on
the freedom of my opinions from such.
They will ring like the lawyer and the
Judge through all time"
Didn't you write concurring opinions
in which you criticised the legislature?
THAT language was proper in me, ano
/ never intended to pass on the motives
of the Legislature. l treated its acts
oA1d