The Caucasian (Clinton, N.C.) /
March 28, 1901, edition 1 /
Part of The Caucasian (Clinton, N.C.) / About this page
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PUBLISHED KVKKY TI1UR8IA
BY THE CAUCASIAN PUB. CO.
TIIK CUIKr JUHTICK TKSTIKIK.
The testimony of Cnief Jotce
Forehts ehould convince any co
prejadiced pron that the eoait .id
not intend to violate the cmatitutioD
wilfully and deliberately.
In what they did in reude ring ibe
decialon in the 'office holding" aia
there is no doubt in the mtnda of
honeat, fairminded men that tbt-
court were actuated by the bU'b'st
and best motivea, and that they per
formed this duty fearlewly and con
The teatimony of the veneram
Chief Justice ahowa tbat in to onr
whelming number of caeea the court
decided that the Democratic office
holdera could not be ousted, ben. e it I
is abaurd toaay mat me couri
partitan in their decimona. Toej
never allowed party eouaidrratiout.
to enter ht a factor. Tney follow d
the decision of tbe court tor n't
jeara, holding that a peraon elected
for a term of yearn could not be ous
ted until the expiration of the time
peciled ; that the party holding tbe
office had acquired a property right I
Whn the court in 1U7 afflmed
this doctrine tbey were heartily
praised by the Democratic pre sa bo
cause it meant tbat certain Demo
erats would be allowed to hold their
offl sea, which the legislature sought
to take from thorn.
Bat when this fame doctrine wa
held by the court and it meant the
retention in effioe of some Hepuoli
cans and Populists a mighty howl
was raised by the Democratic precs,
they asserting that the court were I
rendering partisan decisions
It was all right so long as the de
cisions kept Democrats in fflce, but,
In their eyes, it was grossly wrong
when their political opponents prof
ited by the affirmance of the same
The Simmons machine in their at
tempt to destroy the confidence of
the masses in their highest court,
have made themselves rediculous in
the minds of conserva1 ie, just, lib
eral and falr-thinkiurf men.
The wholo impeach me it procrt d
ings were instituted for the purpose
of persecution, and to make the
court Democratic and subservent to
the corrupt machine. Their con
temptable purpose to pack the court
the constitutional amendment, and
their desire is to pak the court with
men who will bow to the will oi the
maon.ne. xuey aeem to itirge. uow-
RTAr. th &t tha amendment can be
tested in the Federal Courts, as there
is a Federal question involved
tiik TRKA8UHY may be bank-
Democratic legislature of 189U and
1911 the people who pay the taxes
to suonort their Stat. ?ovfirnmflnt
two years tne otaio is overwneimoa
witn aeoc Tne mate Treasury is
now without adequate funds to
meet all the demand, and it is ex-
nftt-dlnirlr dnnhtfnl If tha rnvamiA
oeeaiogiy aouDtiui it tne revenue
measure recently enacted will bring
into the Treasury sufficient funds
to meet the Indebtedness.
Kut the neonl will noon hav an
oanortunltv to aiv whthr nr not
ujr v olvsswsTaiBuiB w
They will soon have an opportu-
uu,.UM, wuBiuururuoi meyae-
sire to have the State government
BaminiBterea dv uevoiuuonists.
Itloters and Redshirts, or by hon-
fiat, llbnral. iut . hirh.tn .n
conservative business men and
If thA nr. ant mfhnH. t
continue Indefinitely, then indeed,
the grand old Commonwealth has
a graua oia uummonweaitn nas
f. II-nflnri--irllkAn4iaM.. ma-.
....VU u.uuo -uu uuu wyn
It behooves all men who desire
less burdens, more honesty and de
cency in politics, to unity on a com
mon basis to defeat the present
TO DISFRANCHISE IS MARYLAND,
The Maryland legislature, now
Democratic, has been called into ex
traordinary session for the purpose
of passing an election law to enable
the Democrats to obtain permanent
control of that Sute.
The law, as ptopos d by Ex-Sena-
ator Gorman, who is Ihtiag for re
election to the Senate, will have the
effect of disfranchising by impodng
an eaucauonai quanncation, about WU4aw W4 fcUW l,"ai DUS on ni sroresaid provisions of the Consti
25,000 negro voters and 18,000 ilht- Kreatest that has been made in I tution ; whereby the said David M.
erate white voters. The legislature
of Mayland intends to do boldly and
directly what the N .ith Carolina
redshirts have done by indirection.
The latter knew that the "grandfa
ther clanae" will ha ktmck, ri nnf h J
the conrta. leavinir th rAn..;n
stand, thus disfranchising whites as
well as blacks. Maryland has fiye
white yotei to every negro voter,
and like North Carolina, is in no
danger of "nigger domination." Bnt
the tricksters want the offices and
that's the secret of the whole tbing.
Howdoyou like the three R'a t
For the sake of decency and the pre- thrown b men, and the oppor
ervation of the arood name of North tuni'y will soon be offered to re-
Carolina, it is time that all men who
do not endorse the anarchistic meth-
odi, to come together la order to oust
the rioters, redshirts and revolution-
TIIK Jt'IKir- WILL NOT HE -
A Tflt ('At''AJl! go- to -rw.f
tb fimu, d we rny y n'a
mu lni cbuent trla' m r
in Its clot The testimony "d
the learned and powerful aru
menu niad by the counel fo' th
defenee are o convlnclog ard uh
neWratlM tbat it now i.-n a j
poaitlvelj certain aa anything can I
be tbat theSenat-though overwbel-
mlngly Democratic will not dare to
vote for conviction It J"
clear to ua that at thn beginning of
ih,trlkl there waa a determination
to convict. Tbe HlmmomT machine
has to all app-arances exerud Its-
elf to tbe utmost to keep Henators jon
whipped Into line In spite of the I
fata. law and arguments produced
to show thai they could not vote
for conviction unless mey moav
. w A
outrageously violated their oatns
of office. The Henate is strongly
Democratic, but If sufficient 8ena
tors break away from the macbini
to make one-third opposed to con
viction, then tbe monstrous prtl-
aQ frfTort of the political machine
will bo thwarted
We bad Intended to bold back
this liHuo of The Caucasian until
the verdict had pen rendered, but
the arguments of counsel nave
lieen extended longer than was an-
tlcipated, and, therefore,it ba.omes
necossary for tho paper to go to1
. I nniin1 It was with Croat difficult V
oijp readerg wnat the r 8Ult
rtrft&a. WA tnmt. nOWBvBr. we Csu l
will be as confidently as If we wait-
ed until it was announced. I
In another column we give ex-1
tracts from some of the speeches I
for the defenso which to a certain
extent set forth the gist of tbe law,
t.a h ari.munin ,hirh
i it i , , . . nata I
make It impossible for the Senate
10 coavici. ibb tAtoAsuw uH iuu
reports of some of these able and I
masterly efforts and will in the I
next Usue publish them In Ml or
make liberal extracts therefrom.
haye much more
about this trial In the future. Buf-I
flfoUtiiMv for th nmaant that
... . uf .-1,1,1, a I
this impeachment trial, which is
nothing more nor less than a ma -
llgnant. partisan, political persecu-l
tlon, presents the most monstrous!
situation that has ever been seen
., , .
in tuis or any oiner oiaie. l
tlon. u. M- uook, ine Democratic i
Ex Secretary of State, said as much I
in his magnificent speech for tho
defense. Ex-Governor Jarvis said
even more wnen ne turnea ana I
looked tbe Senators in the face and I
asked : M Would you dare Impeach "The Supreme Court shall have
a Democratic Judge for doing yfhtit0J ltio Jo hear claims
" I oiVQlnar. tha Nrarn rkii i ra filaiAti
thee judges have done?" He said
more, oecause ne lniimacea mat i
thav nraro nnt nnlv oflomnt I n cr fcn I
'".Peach the. for parUsan po.m-
cm reasons, out mat iuy wore uu
lng it for the further, purpose of
getting the offices for the henchmen
f fc 8immons machlno.
e might say and say truthful
1 n :.l- I i.1
ij, uuUW mw.w wuuiuuui, n mesw
judges are impeached and tho Sim
mons machine offers the judgeships
thus made vacant to their Demo-
an insult to any man oi nonor, be-
lng the same as saying that we ex
Pct you when on the bench to ren-
I J 4 1 I . 1 tl
che8 and Douglas for deciding caus-
w xsin uuv tv v mm v sj u wvuvu a. wa
es according to the law and facts.
However this matter is determ-
ln?i flay 01 reconing is coming,
7 .a.waU .uu
inst onlA of North fjapolln wm
neither condone the conviction of
these judges nor the attempt to
convict them, to say nothing of the
wienenB auu revolutionary con-
I fluff nf t,h Stmmnna ma.o h I no
' ouPihiix vourW
oitLT A PARTIAL rUL.FILL.MBNT.
I -r,. , . ..
i aiih vjfret.ix.ru reie?rim nnian
thla w. v .
rt. is .mm ih.t. Mr r.M0n
Winston will be appointed a judge
or one or tne new isnnorlor lYmrt,
districts, we take this to be only
partial luiniimeni or Mr. win-
,ml.UIA. T. mill V,. r..nl1.
ho . in,w .nrt hha tha hi,.i-
w,th Solicitor George H. White,
colored- If he is to be judge, It is
. v-.t , n,m k 1
I - - ... I
congenial association in making
nis rounas oi tne conns."
WHERE WAS MOSES f
Just after the vote of the Senate
acquitting the judges, Dr. Thompson
met Dr. Everett on Favettevilla St..
where the following eonversation oe-
Dr. Thompson "Where was Mo-
Ses when the light went ontt"
Dr. Everett. '-In the News Ob-
The speech of Hon. P. I. Osborne
Iorna defense in the impeachment
trial wa9 not only one of tne most
eloquent, masterly and convincing
arguments delive.ed during the
North Carolina for many a day. If
the result of the trial is determln-
d by law and logic and Kccording
lo Jace ana ngnt men ne will
nave tne satisfaction of knowing
that this speech nlaved no email
part in savine the State from th
Btaln of a conviction of two upright
and honest Judges in a most mallg.
nank an lnfamoue persecution.
Do the honest farmers and bnsi
nes8 men want tQe 8tate to be ruled
oy the Revolutionkta, Eiotera and
rteasnirtsT Tney have seen the an-
arca7 into which the State has been
8tore K9oA aTovernment by law and
The article on "Maryland Suff-
rage" will be concluded In our next
Tiir; Cah am ax -t-ix its preas to
announce tbe rult of the great and
iiifatnmi ini-3icbiiient trial.
At one o'clwk It-lay tbe moment
um vote was taken by tbe Fenate
filling at a high court of lmiach-
rm.t. The re-ult an over-
whelm log acquittal of Chief Justice
prchns and Ah'ociate Douglas of
tfae IJ8rtLQ jm,cbment tbargt
miMe b tto ,loiMe. The vote wi
uken Just aiw IIon. c. B. Watao
tmfiiM lm.cbment tbarcea
L..I . hitter irtlunn iir-U-a-H ftf
four hours, pleading for conviction
But hi appeal to benator to vote
party linen could not overcome
the masterful and unanaweiable
Htihes of Hon. F. I. Lone and
otnerB for the defense.
When the roll call beiran it waa a
t " '
Hundred kept a cloMe tally ot the
vote and every one listened with the
most Intent intercut to the answer
of each Senator as UU name was
called. Before the roll call waa
more than hall through it was evi
dent that tbe Simmons machine had
not auje to wnip into line the
34 yoteH nfXfMry for conviction,
. t. onthtwt nr th
that a great outburst of applause
could be suppressed.
The first vote was, of course,
taken on the first article of impeach
merit, which is as follows:
That at the tlm Hereinafter
named, to-wlt, on or about the 17th
. fVwnW. a. n . looo t Rnd
jn the city of Raleigh, the said Da
vid M. Furches, now Chief Justice,
who was then an Associate Justice
oUh. Supreme Court ol North c.r-
Douglas, who was then, and is now,
an Associate Justice of the Su-
preme Court of North Carolina, and
one other member of the said Su
preme Court of North Carolina, now
5eceased. c0ncurrin therein, con-
gtltuting a majority of said 8u
preme Court of North Carolina, un
mindful of the high duties of their
omce.8' Si r ?"n801 ana.
uuiuiuuiui ui Liiw uuuiitnuuun ui
fche gtlifce of M0rth Carolina, and as
pecially Artiele I, section 8
''The Legislative, Executive, and
l supreme juaiciai powers oi tne
. T 19 1 m a
BDuaiaurj auu uisiiuvii xi ill eavu
And also Article IV, section 9.
8hall be merely 'recommendatory;
no process in the nature of excu
tion Shall lSSUfi thftrftOn ! thfiV filial 1
And also Article XIV, section 3.
"No money shall be drawn from
the Treasury but in consequence of
appropriations made by law ; and
an &(. unitA p.f!Aiint nf tha ronninta
i : .,.-
and expenditures of the nublic mon
ley shall be annually published:"
under the color of their aforesaid
Prices, nniawruuy, wuiuiiy and in
of North Carolina, and the laws
I passed in pursuance thereof, In
certain controversy submitted with
Inn -. I A . O 1 rt -
M v w vi vu
Carolina, seotlons 567 and 568. enti
Theophilus White v. Hal W Ay. r
state Auditor, and W. H, Worth,
irensurar, penaing on appeal
oI. o.,. ' !T n.,- i vtI-.
Caro.ina, and decided by the said
Supreme Court on appeal at the
February Term, 1900, thereof, caus-
ea SO re issued by Thomas 8. Ke
lmn riir .!- o .
I m ft. n n 0.1TI tl Q vrha In nnvH a onH fl
UreS following, tO Wit
I rWrit iarmtta1 nti Annn ..
--- wu bwuiwi wi hd
That, pursuant to the command
contained in the aforesaid writ of
manaamus issuea to said Hal w.
Ayer, state Auditor, the sum of
eleht hundred and thirtv-onft and
I - ...
101UU aollaM wa3 unlawfully audit-
an? allwea by said HalW.
Ayer Btate Auditor, and a warrant
by said Hal AV.Ayer, State Auditor,
In wnnk on. I flmiroo CnliA.!.;.,,. t.
rr.m, nf , ua -
Which said warrant was subse
quently, on the 22d day of October,
19. 0, pursuant to the command
contained in the aforesaid writ o
mandamus, directed to said W. H.
ly paid by said W. H. Worrh. State
Treasurer, out of tha fnndu fn hi a
hands as State Treasurer, belone-
lng to the State of North Carolina,
wu?ou? any appropriation being
maae Dy jaw ior tne payment
thereof, to aforesaid Theophilus
wnt8 were unlawfully Issued as
aforesaid, with the intent thereby to
compel, by process In the nature
? ?Sifcl! U t??JSent I :Se
White ; which aforesaid mandamus
marches, then Associate Justice
5 MfS' SSL.?1? Tid
tiotof toe SmoSNoS
Carolina, did then and there com
I mlt aQd were guilty of, a high
crime and misdemeanor in office.
The "suit of the vote was 27 to
23, which was seven short of a sufll
cient number to convict. The vote
in detail was as follows :
For conviction: Messrs. Alex
ander, Arlington, , Aycock, Bray
arougnton, Burroughs, Calvert,
Foy, Gudger, James, Justice, Li nd
say, McNeill, Miller of Pamlico,
Morrison, Morton, Scott, Smith
epeignt, Thomas, Travis, Vann
Ward, Warren, Webb, Wood, and
For acquittal : Messrs. Brown
Buchanan, Candler, Crisp, Currie,
TIIK JUIMiH Ai'MlITTEU.
Dula, Foashee, Glenn, Henderson,
v- l naili 1 rtttm f i Vi at !
McAUUter, Mclntoah. Mc In tire,
Michael, MUUr of Caldwell, Plnnlx,
Eobeaon, gt.keleather and Hugg
This was a tt vote and settled
the w ho'.e matter. 1 he pronator
i,.h relied uoon convicting the
Judges on tbe flrt article, if on no
othr. It waa clear 10 them that
they would be weaker and tbat the
Judgea would be stronger on the
vote on every other article, ao Ur
lah Heap Allen, ch ef mogul of the
prosecutor., quickly roe and sug
gested that the other charges be
withdrawn. But- this was not
agreed to, and a roll call was pro-
cMdad with on each of the other
four articles of impeachment.
On tha second article the vote
was 26 for acquittal and 24 for con
etrttnn. a train of thre for the
On the third article the vote was
the same 26 to 24.
On the fourth article the od
was 25 to 25 a gain of two votes
for the Judges.
On the 5th and last article the
vote was 34 for acquittal to 16 for
conviction a gain of 11 votes for
the judges, and 18 votes lees than
the number necessary to convict.
In short, the Judges got a two-thirds
vote of the Senate, which was
enough to convict the House of ma
king false, partisan and malicious
charges against the judges.
When the final result was an
nounced and a motion was made
to adjourn the great mass of intense
humanity in the galleries and in
lobby that had followed closely the
whole outrageous proceeding ex
pressed their pent-up feelings in
approval for the result and in con
demnat'on of the impeachment
proceedings by a spontaneous and
loud outburst of applause.
Then happened a remarkable
scene, it seemed tnat nearly every
body in tho Senate Chamber rugh..
ed toward the judges and pressed
around them eagerly tobhako their
hands and congratulate them and
to congratulate the State. It was a
This should, and we believe it
will, teach a wholesome lesson to
any partisan majority in the fu
ture that is so drunk with power
as to dare to attempt such high
handed and revolutionary meas
ures, not only to disgrace upright
and honorable judges, but to gain
for themselves and their henchmen
offices and power. In the mean
time unless the temper of the peo
ple of North Carolina has materi
ally changed they will pass j udg
ment soon upon this Simmons, red
snirt, revolutionary machine. In
this instance justice has triumphed
and the good name of North Caroli
na has been preserved.
As to the next point that the
legislature had specifically instruc
ted the Treasurer to pay White, I
wish to say that the legislature had
no power to prohibit the payment,
having made the appropriation
and commanded the duties to be
performed. Indeed, the act of the
legislature declaring that this sala
ry should not be paid is unconsti
tutional. All the courts agree that
a legislature cannot require an offi
cer to perform certain duties and
then starve him out by taking from
him all of the salary to compensate
him for the performance of said du
ties. (At this point Mr. Osborne
cited numerous authorities ) There
fore, this question is put behind us,
and, consequently, according to the
doctrine laid down by the prosecu
tion, it was not only the right, but
the duty of these judges to order
the mandamus to issue.
It is evident that a larger and
larger majority of the people of the
State are reaching the conclusion
that the judges should not be con
victed, and we also feel safe in say
ing that the same sentiment Is grow
ing in the Senate. Everybody
seems to realize this except James
Haffidavit Pou, Uriah Heap Allen,
Itedshirt Simmons, and Camelian
Buffalo Daniels. They .are inflated
and intoxicated with the idea that
they own the State, and since their
redshirt, revolutionary and sanguin
ary campaign ended in a victory of
force and fraud, they cannot see
why they should not take all the re
maining offices by fraud, force or
any other methods that their un-conscience-checked
rapacity may de
sire. The tide is already turning
and they will soon learn what the
people of the State, think of them
and their methods.
Any one who will read the able
speech of Judge Bynum in defense
of the Justices will be convinced
that the whole Impeachment pro
ceedings are absolutely without
foundation of fact. Ass legal ar
gument his speech deserves to rank
with the best ever delivered.
One of the burning questions of
the day with a certain editor in t he
State is whether it is worse to be
called "cur" or a 'Buffalo calf."
p-i, nmnnr nninsiftvrn
Commends Perunato His Friends as
a Positive Catarrh Remedy.
- Ben. Celso CsMar Mereae, Ex.Prlme Minister ef Hawaii.
Tbe Hon. Celso Caaaar Moreno, ex-Prime Mlniatar of Hawaii, and projector of
the Trans-Pacific cable, 1876, is a distinguished atateaman, and tbe beat known
Italian in the country. In a letter from Washington, D. C, to the Pernna Med
icine Co., he aays :
"lean commend your great national catarrh cure, Peruna, to
my Mends throughout tbe country as a safe, reliable medicine. I
know ot no other tonic that will build a person up as well as Peruna.
It Is a positive cure for tbe universal disease, catarrh, and those who
will try this remarkable medicine will find a sure cure.
Hon. F. I. Osborne, who made
one of the most powerful if not the
most powerful speech for the de
fense, indeed, in our opinion the
most powerful speech on either side,
covered the whole ground. We
wish in this connection, however,
simply to call attention to his argu
A 1 11. t 1A 3 J-A .
ment to show the right and duty of
the judges to ifsue the mandamus.
We will not attempt now to quote
Mr. Osborne in his own words, for
we will publish it literally in an
other issue, but in substance on this
subject he said:
You say that you should impeach
these judges fcr issuing the man
damus ordering the Treasurer to pay
the salary of White in obedience to
the judgment of the court, even if
you could do it on no other grounds.
You admit that there are cases where
a mandamus can issue, but yon con
tend that the judges are impeach
able in this case for issuing the man
damus, first, because there had been
no appropriation out of which to
pay White's salary, and, second, be
cause the legislature had passed a
specific act prohibiting the Treasurer
to pay his salary. Now let us see.
The legislature attempted to abolish
White's office, but it at once pro
ceeded to recreate the office and to
place other persons in power to per
form similar duties, and that act
thus recreating the office made an
appropriation to pay for the per
formance of the duties of the office.
So, when the court declared, as it
was bound to do under the doctrine
of Hoke vs. Henderson, that the
action of the legislature was uncon
stitutional in removing White, and
inasmucn as tne omce tney once
abolished had been recreated, that
White was still the officer to per
form the duties under the new act,
then White became entitled to the
salary or compensation fixed in the
new act for which that act made a
specific appropriation. Therefore,
there was an appropriation to pay
for the performance of the duties of
shell fish commissioner, and the
court not only had the right, but it
was its duty to issue the mandamus
ordering the Treasurer to pay White,
the man who had performed the
duties. This is a sufficient answer to
their contention, and puts that phase
of the question behind us.
TRIAL OF THE JUDGES.
(Continued from First Page.)
property in North Carolina, and the
decision was based on the case of
Hoke vs. Henderson."
Alter reviewmgme wmte vs.
Auditor and other similar case.-,
umei Justice Montgomery was
Q. "Now who concurred in the
next case, White vs. Auditor?"
A. "The respondents and Chief
Justice Faircloth. Dissenting opin
ions were written by Justice Clark
H- "were tney on tne same
"Not at all."
The witness then stated the diff
erence as already testified to and re
ported the witness adding that he
did not desire to approach a conflict
between two departments of the
State Government when he could
Q. "State what occurred after
that in respect to issuing of the writ.
A. "I "Will do so, though it is
not at all pleasant to me. Continu
ing, the witness then said:
"On the day or day after Judge
Clark filed his dissent in the case of
of White against the Auditor, I was
going, home in the afternoon and
met Governor Russell and Treasurer
Worth. I joined them. I did not
open the discussion . of the matter
OF Hawaiian mm
. Celso Caesar Moreno.
but our conversation soon got on the
dissentii g opinion of Judge Clark.
Mr. Worth said that Judge Clark
had just left his office and threaten
ed and brought every influence to
bear to keep him from paying the
money for White's claim, saying
that he would be impeacned and his
bondsmen held liable and if it was
paid there would be three vacant
chairs in the Supreme Court w hen
the Legislature met in June. This
conversation was In may. I knew
that Judge Clark and Mr. Worth
were friendly, and a.-ked if h invi
ted him. He said Judge Clark came
to his office of his own accord and
told him this. I aked:
"Well, did you ever hear of such
a thing before?' He said he never
" 'What are you going to do?' I
"Mr. Worth eald, 'Follow the
"This was in May and I may have
mentioned it to some one and refer
red to Judge Clark's act as unbecom
ing. "I said, 'Why don't you go before
the clerk to issue this process, and if
he does not then the court can act.'
Harris went away.
"When Colonel Kenan came In
and asked about the writ. I said:
'When this comes before open court
on motion you will hear from me.'
"When Colonel Kenan came be
fore the conference later and a-ked
advice, Judge Furches answered
promptly: 'issue the writ, the case
justifies it and it is your duty.'
Judge Douglas was not so positive.
"Colonel Kenan was not satisfied
and came back later, and I said,
Don't issue it; you know my dis
sent; that is my opinion. I don't
want to be dragged into this thing;
that my record was clear and what
I did should be from the open
bench.' Judge Clark then wanted a
protest he had filed with the clerk
spread upon the minutes and in the
records of the court. Judge Fur
ches said that the court could nnt
allow that; he had his dissent in the
reports and there was nothing be
fore the court."
Continuing, the witness said that
he said to Judge Clark:
"Judge Clark, the time has come
when I am bound to speak out. You
have filed opinions that are so filled
with appeals to the peoDle and
litical learning that it Is time this
sort of thing was stopped. I can
never consent to your filing that
opinion now. There Is now nothing
before the court. You have been at
the bottom of all this trouble. These
newspaper attacks have come from
you and I know it."
Q. "What was done with the
"He asked to have the copies re
turned. I gave mine to him on the
spot and told him to 'take It, and
Judge Faircloth handed him his, I
"i want to add that there v
never a 11110 aiicrea in that paper
that I was aware of."
The witness then answered some
questions as to his filling the dissen-
ting opinions alluded to In som
ii . . . '
nravlniia tAof fmnn-ir
I never Intendid to decide the
rar vv ri it. fx
T- ' - - WUVIUIVU V . Mil 1 I I IV
c kjl mo wni, except and onlv
when the case came properly before
whole arlnarv and
Writs to hha or can at hi, otnTfjLP,OTBa lnTXrt4bl m Ua resmtT
aympton blanks, and for free eownSjr
vii n Rver.
tzU Morrlto"n. T-, writ.
daIUyr4currd of dafu by
she lgfea toti
go spelo to br
and talk very
loud to make br
one-half d o n
bottleeof Tercn a
she can bear you In any r of lh
room. She can ber an oramry cw
Thousands of people have ca
tarrh who would be surprised to
know It, because It has been called
some other name than catarrh.
Tbe fact Is, catarrh Is catarrh
wherever located; and another
fact which Is of equally great Im
portance, tbat Peruna cures cm
tarrh wherever located.
Catarrh Is an American disease.
Fully one-halt ot the people are
afflicted more or less with It In
some form. Previous to the dis
covery of Peruna, catarrh was
considered well nigh Incurable.
Since tbe Introduction of Peruna
to tbe medical profession thou
sands of cases are cured annually.
Mr. W.M.Holland, of Hartwell, ;,
proprietor of the Hartwell Tin Works,
writes of Peruna as follows :
'I am more than pleaded with tlrf
benefits drlred from I'cruca. 'J 1
win ter of 1 my weight wu liO pou n .1
I ued several bottles during tbe viuu
and now weigh til.
"I hare recommended it to all nr
friends both as a tonic and catarrh u -If
I had been lucky enough to have m-c
it aereral years apo rerujould Lav
saved me much lnoonvet ne. I --.
never be too thankfal U you for t '
benefits received from your valu:
remedy. My mother has also bee n v. i
derfully benefited by your valuui.i
Address The Peruna Medicine Co.
Columbus, O., for free oatarrb book.
the court. Then and in that cae I
t-hould have written an opinion to
the effect that my dLenting opinion
would forever fqieak my views on
this question; but that the Supreme
Court of North Carolina i tbe final
arbiter to ss ujon question of ('in
flict between the lgislature and
the Contitution; that three of the
five members of that court had de-
cided one way, and that that wa
final. I could not do lex."
This cloned the direct examination
of Judge Montgomery.
t..o,L. wu... i.. .1. ,..i.,.
,v n . ,, i. . , '
. II, Allen, Mr. J. 1. feilnliour,
Judge W. A. Graham and other
managers were examined on the
witness Maud. Judge Clark admit -
tea that lie advised Treasurer Worth
not to oley the mandamus of the
court and that he said there would
be three vacant scats on tbe Supreme
Court if writ was issued.
After the conclusion of the testl-
mony juajor w. A. uutnne oicned
tne argument lor tho prosecution,
speaking about 'four hours. Major
Guthrie was followed by Captain
Charles M. rVmL- l.n t..t. th.l
opening argument for the Judgs.
CAPTAIN COOK'S AIILE AJUiUMKXT.
We make the following extracts
from Capt. Cook's xjc1i:
I will first pay my respects to a
icw ji un, iBumriai.ii; projosiuons corporal ion commUhtun tax ca
of tho distinguished gentleman who "long with tho doctrine of Huk v
has just preceded me. Menders n. and saved to th tr a
If there is one book in this ca.e I ufV of the State tbe tax. h on forty
thought the managers would have mt,llon dollar of property
Ignored It is the Word of God. The tbat 't"D ecaPoff taxation.
spirit of this book is against this l JT tour . h"d- '"'I1
nrneixxiino- "f .i. r-..iK-, . 8n d Learn' d, Jut and Incorrupt!
SSatof; ifi J M?.n" bIe jDd,ro9 render tte.r
fortunate in the selection from the d.clsion In defiao.e of all tho pow
Holy Book which he quoted. It is trful Influencn that alwajn ur-
rather the killing of the high priest round IcglHlatures ard -ometiiu. s
than the touching of the ark. Is- gts near tbe court." Now bn
rael did not know her desolation un- tner PPly theae Identical doctrine
til she turned her back on herjudg- ,n acS9e ,n,it happens as a rult
es. I deiy the managers to cite one J kfeP Demociat out of office and
sentence from the Holy Book en- fJ !?h .tP J1 inJ al! WM lm
dorsing their action. Pearling ExreuJt of
Scriptures to accomplish an unholy BecreUry of SfaleC. M. Cook.-.
purpose! Israel never saw degrfda- Would you Impeach these judgit
tion until she dishonored one of her for tn,s act lf thfey re Democrat
judges. c Jadges? Kx-Govertor Thoma
The chairman of the managers J Jarv,i
was disposed to refer to his address Senators, yoa would not think of
to Influences at work among Sena- Impeaching me ir I were on the
tors. I shake hands with him andk'nca nd hal done Jat whit
say let this case be tried according !hefe JDgo had doner F. I. Os
lo the law. All we ask is a fair tri- b,rD Ex Attorney General,
al. I know when I look In your The pros cation I mlther la
faces you are human beings like I ful nor 'xpd ent, H.-natoni. Bat lf
am. In political trials there are al- J' w"re Plent, I call to mind
ways Influences at work, and I ask wrds of Ar stUdes who on one
you If any influence, has been at cc8,' ld : "This measure may
r ( a. .. I
work to lay It aside . TW i,..
- v &Maci
- a j. z . "
v v m aa m a iiiii
...v u.s, lujcBciiuieDi irui i ever I
figured hi. and Gori mr.
, e. tut wti
may be the last.
One of the manatrers in thir.J
invoked the spirit of the ImmnrZ
Vance in his speech in favor of the
resolution of fmtLi" L!!I?r f?!
got to do With this trial? TKa rn
rom uuncombe said Vance
had refused a $5,000 fee from Gov-
emor Holden. He knew that he
could not establish this. I emrihat-
icaUy deny it. As a lawver v.n
, wnnlrl t. 1 .,.,
I " vi UUL 11A WV- MIMMI V T CkWr k
mlt,ed citiren not to have a fair
A J . 1 V(a
11 inis e true
ontinued cn Third Page)
neKtected. almost torartaato
a n or sertTSS
I'lic&Uons. irequenUjr eanslnj uremia
poisoning resulting la death. Strto-
has the spirit of the Immortal VhStdWa Z .1"
lr. Hathaway years ago Jlscarded these oid-t.m. v
perfected a system by which hriffv barb
ZZm the thickened waL of ttoJ2S 1 rtrictare
There -no operation. The UwSiEfJP. J ?0naX eoa
Wnet: ItUtmiitS. Patient
h pennant and aQ ep sI core
OoosawiemoTOd. TWs method fT!- diseased oond
tore ta exdualrely used tL' eore of Strto-
u-Bonn, Broad 8tr
rUlCIRT PAUCRAPMS FKCu
.Mof IUI4IVM4UM rrts
TM nTuHon l j- !
U U fnni thr lti-t.t &
Oiui IIuiHtnN Mr. .r.
u tl.c autt or oft Ir- r'
llrr llti? Iri'tn the
jb nal lnuit f bl r. -
I ray tt at it In iU .(
ran a:J itst Jiur ral .
r.t tinixl in ytur art I 1.
i l ii tit Is that t )
1ichj11 ! I id scl .iil, i t l i
l bVf Ui.f, but fr wl
nay iK-nalltr !.- F. If. i:
W tiavr tad rnouh rvv
in North Camilla. Tl- j
have I veil iiuirJ -aet, a.l
xvt u t fuinil ur fii
Would to fital tbat 4tm Mr. .
mould tie up in Nith fr
Iit np hi lnm-r and ln- ril
tbef uonl, therebs Iwn i
i-viliit it'll." rVna1tr ubn
man n, ine 1 rliall take in
under hi liuer If no other
Nor'h Carolina tbllouw in-. -i i
Stetary of Mate C. M. CWkt-.
The proMcutlon aays that t!..,
Jodgt s bad notion tbat the a i r
prlatlon for the payment of Wi lt,
bad Nn withdrawn ; tbat on th
14th day of June I'AV, the
ture ratified a resolution cf Inqu ry
aa to whether the Treasurer h'.
paid any momy to Tboph..; ,
bite and If any money had Im. c
paid, up n what authority It u
paid. If )OU meant to aay tbat to
money ebould be paid to Tboj ho
its bite why did joa not fay tint
none eb old be paid? Thirty yean
ago when I waa In Ibe Ia gllatur
a demand was made upon tr,
Tnaturer and waa retstd. and
Lrglsla'ute then upon d eland in
no uncertain word, aa 1 will ral
to jou, tbat the Treasurer should
pay no money to that man on tbat
claim. Why waa not tbe Igll
ture cf 1SW as frank In Its puri
aa tbe Legislature waa thirty year
1 find another thlcg, Senators -and
when I ronttm plate It I mt
we have gone far enough ; It l time
'OPtop that on the very day on
hlch thla n nolullon was ratified
atother bill waa ratified rialr.i(
$3,715 to C. C. Allen and other, th
shell fishery commletlnners whom
the legislature of l$'.fJ attempts
to put into Whfte'a place 13 71. -f
tbe money which nlte bad rel
it cted and paid Into the Treasury
was paid to thete m n who uev r
peiforned one hour service forth-
State t f North Carolina Whitedi.l
h" k am ou ' ou r
u fJ, h,m J knl
to -VO'i that he wa doin, the work
I It wart krown to yon that ti e-
loth ra w, i n.t doini? the work It
was n old maxim of Vance'n that
j the hrrse tbat pulls the plow Is n
1 tit ! to th fdd-r. Yuu glv H
I t . . a . m .
I omn r to ii.oiom mat iui i,.t
. Ull i lie plow. You w .!! tie
p e' money un man who did n j r
vice, and ou are now trying to
Imptach Ju gcH who nndend a
J:gmnt I" fvor of the man wb.
nTved the Slate. It Id time v
1 should stop
SnatorF, when theee earn Ju ig
applied the doctrine of Hoko v.
ot-uuersun ior me m urn, in
rentyearHin thocKof Wood .
Bellamy, and the result waj to put
Populists out and install Ifcn-.
crats In office, we all praU d tie in
as learned, pure, nonpartlrtan Jul
is. Again when they app ied th
doctrine or in fan materia In tt..
I "Poieni, oh Athenians, but It
rmn nnvA bw. - ja
m a aLiairiiin
i.l Mr. President and AmiiA n
hi .i. i jw
heard the venerable Chief Justice
7Lnen ne WK UP the stand aak-d
or DulUIcai" 7 hraDy par,U"
blm In S1h??,ItC;. CT"r SWaywl
nPK b, opinion. In
I the ouestlon aak.,1 h. ' ok. w
a wnai proportion of raivs Demo-
CraU Lad h,ta stained In office
f n.rt Pab,,cD od PoputlflU re-
1 ? ad I)emocr,l'H kept cut,
?du b"a'.d h,8.ansr- Heaald,
"O KnowjtdlTe unon this
B - r
. . uuui riijues;ea Dy my
counsel to 1 k it Up Unce these
proceedings Ugan. I have looked
itnpand I find and ay here to
thi ? 0f yj "fflc folding
cases which have come before this
?ari ?2. llmes thes lodges have
decided in favor of Democrats and
onl seventeen c.es against
them."-Hon. a F Long.
a iipbi inn n n w a mm . -..,. a
TVnYIK)ESST HE AS8WEU f
The following appeared In our is
sue of Feb. 21&t, and it has not been
answered up to thla time:
''We asked the editor of the News
and Observtr last week to tell the
people of North Carolina, as a mat
ter of news, how much he and his
had received at the hands of the
Republican party. We have waited
one whole week and he still hasn't
answered. We again ask him the
qneation,aBd hope this tlm he
will not disappoint oe ; we al-o hope
the editor of the News and Obser
ver will not think we are Imrrtl.
j neat in tikinj the question."
The Caucasian (Clinton, N.C.)
groups preceding, succeeding, and alternate titles together.
March 28, 1901, edition 1
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