The news & observer., 1901-02-24
LEGAL ARGUMENT
BY Mr.. ROUNTREE
IN Able Discussion of the
Law Points.
READS COURTS DECISION
The Judges by Their Former Opinions
Convict Themselves.
RUSH IN WHERE MARSHALL FEARED TO GO
'Mandamus Cannot bs Issued TO Compel Pay.
ment Of the States Liability But to En-
force Obedience to Legis-
latiye Enactment"

~W~~'~''NS
latiye Enactment"
ON Saturday Mr.. Rountrees speech
was delivered. 1t was a mastery dis
cussion of the law points involved in
the case.
Mr.. Rountree declared that he had new
| er approached duty that gave him so
much concern and that if he could have
found an honorable way out Of it, he
would have escaped its performance. He
continued:
From the evidence as have been able
TO see it. and from the argument of those
preceding me. / am constrained to the
conclusion that these judges have COM
mitted a wilful breach of the Constitution
and are liable to Impeachment"
Referring to the earnest appeals for
mercy by the opponents to impeachment
Mr.. Rountree said:
IL have found myself so moved by them
that while felt that the judges ought to
be impeaehed, have found myself wish
ing to God some one else had it to do.
Then he turned his attention to certain
attorneys and others who have been pos
ing before members as "disinterested pa
triots." dispensing free advice. He said:
1--WE have received a great deal of ad-
vice, some wise and some otherwise, some
from people who are disinterested and
some from people influenced by other mo-
tives I will not say that there has been
a concerted attempt TO manufacture SEN
timent in favor OF these judges, but the
counsel so freely given on the streets and
in newspapers. the demonstrations here
in galleries and lobbies, indicate that the
advice is at least Fictitious and should be
received with caution.
"True and disinterested advice | would
like to have for I have been anxious
TO find the right in this matter; but at
ter all is said and done, it is evident that
fer us from the duty. Each must deal
we alone must decide. There is no escape
with it in the light of his own individual
judgment and conscience. There is no
other way
With this Introductory Mr. Rountree
proceeded to give the reasons that had
impelled him to his conclusion in favor of
impeachment, first defining the nature Of
Impeachment and the punishment pre-
scribed He went on to say:
Some have taken the ground that it is
a criminal proceeding whose punishment
is of such awful solemnity that it ought
never 10 be invoked. Others hold that
it is a mere inquest of office. l will not
discuss these views, but will merely stop
to say that in my opinion ii is a method
devised in constitutional governments by
which the representatives of the people
NAV remove unfaithful officials when
their conduct is preiudicial to the public
welfare.
1T has been argued to you that these
Judges must not only be guilty of inten
tional violation of the Constitution. but
that such violation must have been COM
mitted with a corrupt motive. Without
stopping 10 inquire what is meant by
corrupt motive in this connection, will
say that if what is ordinarily termed
corruption. is meant. that position is
unsustained by authority.
WHO MAY BE IMPEACHED.
"A distinguished writer in the Ameri-
can Law Review, writing of impeach
ment. SAYS:
There IS one class of cases in re-
gard 10 which it is much more difficult
10 lay down a rule. that is, where the
acts of the judge are discretionary, or
where he must act on his own interpre-
1ation of the law. In these eases it must
be shown that the judge Intentionally
acted contrary TO the law; that he know
ingIy violated the rights of the parties.
but il is not necessary, we think to show
a partial or corrupt motive. If his mo-
tive be merely spite against a party or
his attorney. an Intentionally erroneous
decision is equally criminal; so a number
of rulings contrary to law, which lead
ibe community to believe that the Judge
acts contrary to law that he considers
only his own will, is dangerous to society,
by diminishing respect for justice ard
migchievously affecting the rights of the
parties and should render him liable TO
impeachment.
'sThere is no necessity in law for prov
;ne, corruption on the part of the judges
before impeachment. In a former consti-
tuition of the state it is specifically laid
down that Judge may be impeached for
D,ilfuI violation of the constitution. Our
nresent Constitution, like the Constitution
cf tho United states, does not define what
aro imneachable crimes. but leaves il to
tbe common Law which we derived from
I.prland Ia the Code, however, it is ex-
nressl, declared that Impeachment lies
for corruption OR MISCONDUCT IN