The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-02-15

sections of the Constitution:
Il. Disregarded the form prescribed by
the Legislature for payment of money out
of the public treasury.
-. Disregarded a statute which says
expressly that no money shall be paid to
Theophilus White.
"3. Violated the section of the Consti-
tuition which says that no process shall
issue against the State.
a. Violated the section of the Consti-
tuition prohibiting the payment cf money
out of the treasury except in consequence
of an appropriation made by law
Judge Allen then turned his attention
to the subject of the power of impeach-
ment and why it was put in the Constitu-
ton. He 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 rs If it were criminal ac-
tion. A court OF impeachment is not
necessarily for the purpose of punish
ing but it is for the purpose of inquir-
ing into the official conduct to see wheth-
er the public service is being rightly per-
formed 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 public SER
want.
I'VE are here in the capacity of grand
jurors and when found facts and we can
not escape the responsibility of our oaths.
demeanors' Judge Allen said, had been
violated we cannot dodge the conclusion
that these men who violated it ought to
be impeached."
MEANING OF THE CHARGES.
The expression high crimes and mis-
demeanors, Judge Allen said had been
usee in impeachment proceedings for the
past thousand years and was simply
meant 10 give them dignity and solemnity
Touching the meaning of these words he
read as follows from the proceedings in
the impeachment OF President Andrew
Johnson:
An impeachable high crime or mis-
demeanor is one in it's nature or conse-
quenCes subversive of some fundamen-
tai or essential principle of government
or highly prejudicial to the public in
terest, and this may consist of a vio-
lation of the constitution. of law, of an
official oath, or of duty, by an act COM
mitted or omitted, or without violating
| a positive law by the abuse of discre-
tionary powers from improper motives
or for an improper purpose"
You will note" continued Judge Allen,
that there need be only a simple viola
tion of duty, violation of the Constitu-
tion. violation of official obligation. The
question of knowledge, intent or pur-
pose has absolutely nothing to do with
ic cir of un
or not the official is fit for the office or
not. Has he done wrong? If so it makes
no difference whether it was mistake
wilfully or ignorantly made-in either
event he is unfit for the high office he
occupies"
Here Judge Allen read parts OF the evil
dence and commented on it as follows
Notice their squirming and twisting
about the issuance of this mandamus.
"At one time they put the attorney off
by saying notice has not been given
"At another time they ask for affda-
vits-though it doesn't appear that any
has ever been furnished
Next time they go privately to the
clerk and tell him to issue the manda-
mus.
But he doesn't do it, and lawyer Ca
the street that the court is dodging and
he is going 10 force it to show its hand.
Isn't this kumiliatng to a man who
thinks the Judiciary ought to be above re-
proach?
"He does force them. and what is the
result? One tells the clerk to issue the
mandamus, another says its his indvid-
ual opinion It ought to be done. and
third is not clear about it,
Then the clerk walks into open court
and asks what he shall do. They say is
sue the mandamus and Judge Furches
draws Off and sends the clerk form.
Can there be but one conclusion in
regard TO this?
CULMINATION OF THE CASES.
This case is but the elimination of
twenty or thirty political cases begin
ming with the Day case. In all of them
we find a desire and tendency on the
part of the court to destroy the legisla-
tive branch of government and make the
Supreme Court supreme in fact as we'll as
name
On this point Judge Allen read as fol-
lows from the committees report:
" The manner in which this order was
issued indicates to our minds that the
Judges who directed it TO issue did not
think that they had the power to issue
the same, and that they were undertak-
ing to shift the responsibility from them
selves to the Clerk of the Supreme Court.
At the time the direction to issue the
mandamus was given, David NJ. Furches
was an associate Justice of the Supreme
oCurt That since that time he has been
appointed Chief Justice OF the Supreme
Court, and is now holding the office OF
Chief Justice review Of The opinions
from the present Supreme Court in the
cases known as the office holding cases,
rendered since the adjournment of the
Legislature Of 1899. leads to the convic-
ton that majority of the present court
has used ever effort TO thwart the VIII
of the people as expressed by their Rep
resentatives in the Legislature of 1899.
and to wakon ami bring INTO d'srepute
the authority of the Legislature.
"Now" continued Judge Allen, if
they've done that If they have gone and
deliberately for two years tried 90 break
down the legislative branch Of the gov
ernncnt. can we longer allow them to
remain in Office? ] don't want 30 impeach
anv man. I'd be clad to be- rid of this