The news & observer., 1901-02-24
FACTS ON WHICH
The CASE is BASED
Continued from First page)


Treasury are within the control Of the
Legislature. and no member of the COM
| mittee has denied that process issued
against the treasurer compelling him to
ray money out Of the treasury is process
against the State.
"The manner in which the mandanus
was issued justified the finding of the
committee that the judges knew that they
had no power to issue the writ; that this
act was the final act in an effort to dis
parage and render powerless the Legisla-
Itive department of the government
! "But It is objected that even if these
| laws were violated the amount of damage
was small--the mandamus being for only
! $500. 1t is not the amount involved, gen.
| tlernen. but the principle If the Supreme
court can pay $500 out of the public
| treasury why can't it may $4,000? If they
can compel payment of this money why
not the payment of the special tax. No
eneroachment upon the rights Of the peO
| PIE ever began full grown. They start in
/ a small way and grow until rights guar
anteed to the people by the. Constitution
Fare undermined and gone forever. And
the principle here involved is vital. Under
| the constitution il is intended that the
Legislature shall raise revenue and shall
determine where it shall be paid and how.
| The people reserved this power to them
| selves to be expressed through their rep
| reservations in the General Assembly,
| knowing we'll that they could restrain
the other departments of government, as
long as they hold the strings to the purse
! of the State. and if this power is de-
stroyed the rights of the people are en-
dangered.
THE CHARGES PREFERRED.
What are the findings of the sub-com-
mittee on The evidence taken. I read
from its report:
Your committee is further of the
opinion that the court had no power to
dispense with the provision in section 9.
chapter 10. of the Laws of 1899. providing
substantially that the Auditor shall not
issue his warrant. except upon the certi-
fcate of the Secretary of the Shell Fish
| Board, countersigned by the chairman Of
said board.
Your committee is further of the
opinion that the process issued against
the state Treasurer. compelling him TO
nay money out of the Treasury, is pro-
cess AGAINST the State, and that the or
/
in the case Of Theophilus White against
the Auditor, is in violation of section 9,
article w of the Constitution.
Your committee is further OF the
opinion that the Legislature had the pow
CT to forbid payment OF the claim in favor
of Theorhilus White, and that it did SO
in express terms by chapter q of the
Laws OF 1899 and that the order OF the
;y,, ton
disregard of this act
In other words, the report finds that
the Judges have in their official capacity
violated the law in four particuiars-two
solemn acts of the Legislature and two
sections Of the Constitution:
4. Disregarded the form prescribed by
the Legislature for payment of money out
of the public treasury.
80 Disregarded statute which says
expressly that no money shall be paid to
Theophilus White.
"3. Violated the section Of the Consii-
tuition which says that no process shall
issue against the State.
IL. Violated the section of the Consti-
tuition prohibiting the payment OF money
out Of the treasury except in consequence
of an appropriation made by law
Judge Allen then turned his attention
10 the subject of the power Of impeach-
ment and why il was put in the Constitu-
ton. lie went on TO say:
There is much loose talk these DAYS
about impeachment. principally by people
who have not examined into the matter
Some talk as if it were a criminal ac-
tion. court Of impeachment is not
necessarily for the purpose of Furnishing
but il is for the purpose of inquiring into
The Official conduct to see whether the
public service is being rightly performed
impeachment is an inquest of office.
I'VE hear others talk about impeach-
ment being a political trial. In one sense
it is. and in only one: that is that it is
an inquiry into the acts Of a public SER
want. We are here merely inquiring il
the robes of office have been besmirche(
and if so, it is our duty to take the robes
from unworthy shoulders.
I'VE are here in the capacity of CRANE
jurors when we have found facts we con
not escape tho responsibility of our oaths
If the law and the Constitution has beer
violated we cannot dodge the conclusion
that these men who violated it ought Il
be impeached.''
MEANING OF THE CHARGE
The expression "high crimes and mis-