The news & observer., 1901-03-15


Court of Impeachment OF Nebraska, en-
dorsed by the Supreme Court OF Nebraska,
and by Foster in his Work on the Con-
stituticn. May we not then confidently
assert that David NJ. Furches is impeacn-
able, and that he stands in this case
upon the same footing, and that his con-
duct is to be judged in the same way as
that of the other respondent, Robert M.
Douglas.
THE CHARGES SET FORTH.
Let us see then what has been the con-
duct of these two respondents, and WhetA-
er they are guilty of any conduct which
justifles their impeachment. The man
ayers charge and expect to prove that
they have been guilty of four distinct
violations of law:
First. That contrary to the provisions
of section 9, article 4, of the Constitution
which says The Supreme Court shall
have original jurisdiction to hear claims
against the State, but its decision shall
be merely recommendatory; NO PRO
CESS IN THE NATURE OF AN EXECU-
TION SHALL ISSUE THEREON; that
they have compelled process in the ma
ture of execution to issue against the
STAG" in that they compelled the clerk
of the Supreme Court to issue a man
] damus against the Treasurer of the
State to compel the payment Of money
from the Treasury.
Second. That they have violated the
provisions of article H. section 8, of the
Constitution, that no money shall be
withdrawn from the Treasury, but in con-
sequence of appropriations made by law,
by compelling mandamus TO issue against
the Treasury when there was no appro-
priaticn permitting payment
Third. That they have violated the pro-
visions of section 9, CT chapter 19, of the
laws of 1899, which provide that compen
sation to employees of the Shell Fish
Commission shall be paid upon the war
rant OF the Auditor which warrant shall
be issued by the Auditor upon the Ger
tificate of the secretary of the said Board
(Shell Fish Board) and countersighed by
the chairman of the Board of Shell Fish
Commissioners, in that they issued n
mandamus compelling the Auditor to is
sue his warrant, when no certificate of
the secretary of the State Board, coun-
tersigned by the chairman of the Board,
had been executed.
Fourth. That they violated the provis-
which provides THAT the Treasurer of
the State of North Carolina shall not pay
any compensation to any person or per-
sons claiming the same fer services rem
dered concerning the Shell Fish Industry.
unless such person or persons are author
lied to render such service under the pro-
visions of said act entitled to provide for
the general supervision of the Shell Fish
nv Of bn Of limo
and ratified March 2, 1899" which act was
chapter 19, of the laws CT 1899, by com
pelling mandamus to issue against the
Treasurer requiring him to pay ccmpen-
saton to persons not authorized to render
services under chapter 19, of the laws OF
1889.
Fifth. That in a series of acts and con
duct, extending over a period of about
two years, they have disregarded
the will of the Legislature and have un-
dertaken to impair or destroy its power.
The facts briefly stated are these: In
1897 the Legislature passed an act known
as chapter 49, Under section II of that
act Theophilus White was appointed
Chief Inspector of the Shell Fish Indus
try for a term of four years. Section 13
of that act provided for his compensation.
Section IA of the act provided that all
moneys in excess of $500 derived through
the provisions Of this act and in the hands
of the State Treasurer on the last day
of November in each year shall be trans
ferred by him to the public school funds
of the State.'' In 1899 the Legislature
passed an act known as chapter IS, of the
laws Of 1899. By this act, section II of
the laws or 1897. creating the office to
which Theophilus White had been appoint
ed, was repealed, and section 13 provd-
ing for his compensation, was also re-
pealed; but section IA, providing that on
the last day of November Of each year
all moneys in the Oyster Fund in excess
of $500 should be turned into the school
fund was left in force.
THE WHITE CASE ACTS.
The Legislature Of 1899 passed two other
acts relating to the Shell Fish Indus
try-one known as chapter 10 and the
other known as chapter 121. Chapter 19
undertook to provide for the general su-
pervision of the Shell Fish Industry. and
in section l, appointed seven commits
soners to carry out the provisions Of the
act, and named those commissioners in
section of the act, the first one of them
being George Fl. Hill. That in section 0,
Of chapter 10, it was provided that the
compensation of employees should be paid
upon the warrant of the Auditor, which
warrant shall be issued by the Auditor
upon the certificate of the secretary of
said Board and countersigned by the
chairman of the Board of Shell Fish Com
missioners'
That chapter 81, provided that the
Treasurer of the State shall not pay any
compensation to any person or persons
claiming the same for services rendered
the Shell Fish Industry, unless such per-
son or persons are authorized to render
such service under the provisions Of said
act, to-wit: Chapter 19 of the laws or
1S99P That, after the ratification of the
Acts of 1899, the Commissioners named in
chapter 10 qualified and entered upon the
disc S.rge of their duties. That thereafter,
Theophilus White instituted an action
against these commissioners 20 recover
the office, alleging that he was entitled
to the office under the Act of 1897. and
that they were exercising the same office
to which he was entitled under the Act
of 1897 This case went by appeal to the
supreme Court of North Carolina and
was decided in favor of White. There
after controversy without action against