The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-03-30


statutes or unrayelling knotty questions
Of law. but that distinct exception ex-
lists in the case of the construction of
an act or clause of the Constitution
which in itself marks a definite limit to
his authority. In that, he stands on
equality with the citizen whose conduct
is hemmed in by the law of the land, and
the intent is implied from the commits
sion of the act. 1t will not do to say
that the citizen doesn't have to construe
the law: the very reading of it, involves
constituting it, certainly the understand
ing of it must. / try these judges as
would my equals in life, for though my
superors in position they are but men.
They say they acted on agreed facts
which admitted the existence of an APP
preparation. If the State officers or any
body else can admit away the acts of the
legislature we have q curious anomaly
in government.
There was not sufficient of the oyster
fund in the Treasury to pay it, it was
therefore paid in part from the general
fund. If this can be done, where is the
limit and where is the safety of the pub
lie funds from conniving officers and
ignorant courts? l cannot vote to sane
tion It.
There's no power in Venice can alter a
decree established.
Twill be recorded for precedent,
And many an error by the same example
Will rush into the State. 1t cannot be-"
In a very short public service en-
bracing only two terms in the Senate. |
have been twice required to pass upon
charges of official misconduct in this
State. What is the matter with the pub
lie service? May not the people we'll and
wisely become alarmed for the safety OF
the honor of the State? Is there anything
so much calculated to agitate them? Is
not purity in the public service OF the
first Importance to the safety OF the
State, the security of property, the peace
of our streets and the happiness OF our
homes? / hold it to be the pivot upon
which swings the needle of hope that
points the generation of the future to the
/ enjoyment of our splendid institutions.
Then let the representatives of the
people carefully scrutinize it, and let this
high court-the only agency set apart to
that end-safely guard it and hold public
officials to strict accountability, disdain-
ton seemingly urged here in behalf OF
these Respondents that the unlettered
private citizen should be tried by a
harsher rule than he who is chosen for
his learning to administer the laws OF
| the State.
The conclusion from the facts given in
evidence in this case is Irresistible by
/ me; that many of the "office- holding
cases are defantiy thrown in the teeth
of the Legislature of 49, They are ire
concilable upon legal grounds, but upon
the ground of political machinery moved
by the usurping arm of partizan judi
ciary, they all blend. into happy and
harmonious union. justice of the court
! asks to put on the minutes of the court
protest against what he thinks is an
| infringement of the organic law. He is
met not only with positive refusal from
| the whole court. but from one member:
! You are writing politics when you PRO-
test this court putting it's hand in the
| public Treasury or annulling the statutes
of this State"-the slightest evidence OF
which IS absent from it so far as / can
see. Another says: Put your dissent
against this action of the court in the
| COIuunS OF obituaries. WOutu eldu ~
that sentence to make it complete, that
! it may moan the requiem of a Constitu-
| ton that gradually dies under the
strokes of my judicial battle-axe" An
other says $50 much has been said about
this matter that prefer to keep my copy
and rot return it," Was this trial an
! ticipated?
The only excuse given is, first, there
had been one dissent from the judgment
in the case / reply, suppose there had
been fifty what of that? Second, there
was nothing before the court" reply
that having seen fit to enter Judgment
| there for a money demand. there was a
case pending until it's settlement; but II
not correct in that, that is not neces-
! sary that a case should be on trial to
open the minutes of the court TO
! Justice.
The colloquy related above doesnt
| sound to me like the language of North
! Carolina judges around the council board
of the highest tribunal of the State, and
| disapprove it; l denounce it; condemn