The news & observer., 1901-02-24
LEGAL ARGUMENT
BY Mr.. R0JNTREE
Continued from First Page


as 10 how the writ viii be enforced. he
cause we are not allowed to suppose
that the question will arise, feeling as
sured that the sole purpose Of the Gov
a,nor is TO obtain judicial constluc
ton of the statute in question
',rha Judge might have rendered these
decisions as much as they pleased. but
when they put their unhallowed hands
into the treasury they did so in bold
violation Of the constitution. The u11es-
tion of who was entitled to the office
was ono of opinion on the law. but how
ia get the salary--that was the crucial
question. and on it the present Supreme
has gone to wreck.
LET me say also in passing that in
these decisions complained of, the Leg
islaturo was most tiippantly referred to.
IT'S motives questioned, the number of
LAWYERS counted and much other to the
same effect But we could have stood
that had the Constitution not been vio-
lated.
"Another case that has been referred
ia here is Shaffer KS. Jenkins az n. c.
275). I'm the Shaffer case authority was
oivcn for The construction of turn
pike and the appointment of superin-
tandent and $4,000 was specifically APP
propriated from which to pay him on
warrant of the Governor. The Governor
issued the warrants and they We're sold
for value. The holder of them applied
ia. the Treasurer for payment. but was
refused on the ground that there was
No money in hand with which to pay.
subsequently, THE GENERAL AS
SEMBLY BY A RESOLUTION d.
RECTED THE TREASURER NOT TO
PAY THE WARRANTS. An action for
mandanlus was brought and the Su-
preme court decided that the plaintiff
was entitled to his money; that the
Legislature could not impair the obliga-
ton of the contract by resolution or
act. but that the sole control of the
money in the treasury was in the Gen
eral Assembly and no money could be
taken out Of Il. not only against IFS con-
sent. but without its express permis-
sion. I submit that this case presented
exactly the question which was pre-
serted the the court when Whites at
torney applied for the mandamuS in Oc-
tober
"The court was--or should have been
-advertent to all these decisions that
have read. and they cannot now come
here and plead ignorance
COURT CoNvICTs ITSELF.
"The doctrine of mandamus was never
more accurately stated than by this
same court in the case Of Garner vs..
Worth d22 y. O. IT was a suit brought
by the State to declare certain oyster
grants void The State lost the suit and
was taxed with the costs Mandamus
was asked to compel the payment of
these costs, as the Legislature had or
dered the suits brought and provided
for payment of the costs in the Revenue
Act. What did the court say about
issuing a mandamus. Listen
1.-The courts cannot direct the State
Treasurer to pay claim against the
state. however just and unquestioned,
when there is no legislative appropria-
tion TO pay the same; and when there
is an appropriation the coercive power
is applied NOT TO COMPEL. THE
PAYMENT OF THE STATE LTABTL-
ITY# BUT TO COMPEL A PUBLIC
SERVANT TO DISCHARGE HIS
DUTY BY OBEDIENCE TO \ LEGIS-
LATIVE ENACTMENT
"rhese judges now on trial--the ones
that issued the mandamus for White,
said this. They must have been adver-
tent to their own decisions. But they
had been going down, down and one
more step or less seemed to make lit
tie difference. so White got his salary"
The speaker told of the act passed by
the last Legislature to prevent the pay
ment of money. later lin June) of the
inquiry made of the Treasurer as to
whether tie money had been paid. He
added:
II pause here to say that the manda-
mus would never have issued if the
court had not known in advance that
the claim would be paid: nor would il
have been paid if Treasurer Worth S
! term had not expired just as the Legis-
iature came into existence. and had he
not thought his rendered him scathless."
Touching Mr.. Stubbs' attack on the
election law, Mr.. Rountree declared he
had always considered it IAN excellent
law" and "the only mistake the Demo
Gratis have ever made about 1t is stop
ping to defend it." He continued:
'sThe gentleman from Martin says the
! court knew LtlS LtS ioicttut NChAO NJ
Democratic and would not. therefore
pay this claim. hence it ordered it paid
'If that's so they are as guilty as any
criminal that now inhabits the peniten-
| tiary. Even apology for them is with
| out excuse"
The speaker now traced the circum-
stances attending the issuance Of the
mandamus. He added:
IMPEACHMENT OR NOTHING
! whites attorney asked the mandamus
| He was asked if he had given notice to
/ The other side. Then there appeared an
! attorney on the other side-appoarcd anc
| that was all he ever did The whole thing
! looks like conspiracy to me. and con-
! spiracy Is as criminal as anything. But
the court lodges again and the attorney
| goes on the street and declares the court
/ IS lodging and he will force it to show
( its hand. Now isn't that a nice spec
| tacc? Would you find Pearson. and
! smith and Daniel submitting TO it"
/ Tho r,o4- eurrouudiug the p0ll of the