VOL. XXVII. NO. 46. RALEIGH. NORTH CAROLINA, THURSDAY, FEBRUARY 28. 1901. PRICE $1.00 A YEAR. OFFICE/ VOTE OF THE HOOSE amendment to Judge Conner s resolution were to be withdrawn. This was done and the question ■■Line uy on adoption. On this Judge 'onuor called the Ayes an' 1 does. 85 ields, It Was Passed by a Vote of Nearly 2 to 1. Gaither, Long, McLean. Moir;-, Nash; Reinhardt, Sham i, Thompson, White of Halifax, and Willard. This defeated the Connor - osolutiouand the question was now on adoption of the in: peach ment resolution. The roll call resulted in its adoption by a. vote of 62 to 3, the vote beirq follows: They Are Reviewed in the Opening Speech, An Able Discussion of Law Points, the hard !y added: Still 1 that 1- urcnes This objection, Mr. Rountree considered He Till .•(.•lid not row be imp ached H cause he had resigned the office he held when the unfaithful officials. relied upon by Judges do not a the ad the authorities advocates of these ipply, because they refer A Violation of the Law Thai Must be Rebuked CRAIG’S GREAT SPEECH The. Kost Stirring Argument o£ This Memorable Debate. A REVIEW OF THE POLITICAL CONDITIONS Mr. Craig Traces Ma Work of the Supreme Court in Its Usurpation of the Power of the Legislative Branch of the Government. For impeachment, 62. a follows: Alex ander, Alien of Wayne, Arurey, Barco, Barnhill. Beasley, Beddingfield, Blalock, Blount, Bradsher, Carr, Carraway, Carl ton, Craig, Curtis, Daniels of Warren, Dees, Fields, Garret, Gatis, Graham, Green; Hall, Harris, Hayes, Hoey, Jen kins, Lane, Lawrence, Little, MacKethan. Mann, Mauney, McCulloch, McIver. Mor gan, Morphew, Nichols. Nicholson, Oliver, Owens, Bearce, Robinson. Ross, Rothrock, Russell, Seawell, Shannonhouse, Shelton, Simms, Smith, Spainhour, Taylor, Thomp son. Welch, Whitaker of Forsyth, White of Halifax, White of Jones, Willard, Wil son, Winston and Zachary. All .Demo- JUDGE ALLEN’S SPEECH READS COURT’S DECISION solely to impeachment, of persons who were at the time the charges were pre- iic-ment forth Carolina General Assembly and bunder thereof shook the very dome It was the fourth and lust day of the debate in the House on the resolution for ended—as all had seen for The vote was 1'2 to 33, and its announce- wnit, was greeted with a roar of ap plause.. The hands on the clock pointed which it lory-making day, the like such .in . Realizing that 1 . people bad gone v. omen folk crowd- In •.!..•' lobbies at on the floor of the. House was time, the first two and e alloted to the Repub- ■ generally from manu- guarded in their .utterances, made the principal argument; renewed by Messrs. Owen, Mein tree and Blythe. Ebbs two and a half The Ha lit: s^ ker on the Democratic M-sers. Alexander, White, of d Morphew. who consumed live . Then Mr. intro- •ju in the House, was the concluding argu- An Able Discussion of the Law Points That Are Involved. CHARGES PERFERRED AGAINST JUDGES •Against Impeachment, 33, as follows: Benbow, Rep.; Blythe, Rep.; Brim. Rep.; Burlison. Rep.; Burnett, Rep.: Caloway, j Rep.; Carson, Rep.; Coleman, Rep.; Col- j lins, Dem.; Connor, Dern.; Dean. Rep.; Duncan, Rep.; Ebbs, Rep.: Gaither. Dem.: Isbell, Rep.; Long, Dem. Mastin. Rep. Mei arland, Rep.; McIntosh. Rep.: Mc Lean, Dera.: Morris, Dem.; Nash, Dera.: Owen, Pop.; Page, Dem.; Patterson Dena, “Ignorance of the Law Does Not Excuse the Humblest Citizen in the Land and it hould Not Excuse Those in made, in High Places.” opening remark- Judge .Alien the seriousness of the charges the resolution and the conse- quent gravity o. the responsibility restin; Dern.: Sheets, Stubbs. Dem.: Reinhardt, upon members. "It has been He now dded: nearly Dem Rep. Eigh t'll Republicans, two Popu- lists and tl Eight pai Baldwin; nuounced its follow: •son and Whitaker, of Guilford: Rountree and Yar borough: Wright and Hood: Ellen and Richardson: Daniels of Vance rend Robe son, of Guilford; Stewart and Parker: Moore and Dols. In each case (he first, name of the pair favored Rution to impeach. the second .name was against it. number Banner; follow and Th e T to ■e were most to suffocation, death pervaded it. jowly, deliberately, telling awe with which he if an impeachment proceeding. Airs he could ;m and a roar of applause audience when he de ¬ under forms handed hers, speaking through ves will remind the ation at the must answer ■ of the High am! ■onseiousness had object. His words of denuncia- 11 hissing acrc.-s the hall like s in a storm: "And, gentlemen, impeachment judges from the time the lobbies crowded closer unbroken ar aud more Old men who he ' ok id sacrificed life a. constitutional ip loved to honor him." ind of applause swept that Mr. Craig had to pause intil since a distinguished .member of this body introduced this resolution. It is a. reso- liition that would introduce except from a ;ense of duty that he could one in this House would have* avoided, had it been possible to do so. It is the dis position of every lawyer to stand up for State. the consideration of this spirit and came to a members of entered upon resolution, in the the this consideration of it, Columbas, I but to enquire whet !.■.'. , Hart- J violated and whetm Williams, 1 do f ^3 their duty as p to enter into it with no spirit, been for inn idditio: isolution was of impeachment and 8 against. : would make rhe Democratic vo 21. It is not certain how all the absent members would have voted, though it is knot'll that at least 6 of them wore for impeachment. The vote was announced amid applause ferred, without, discussion, to a sub committee of five, consisting of Judge Conner, Judge Graham, Mr. Craig. Mr. Spainhour and myself. The sub-committee thing about the facts, and directed at it 8 o’clock. MR CRAIG’S SPEECH. meat resolution in the Hou.se ’Gentlemen of the House: ne that this resolution c The speaker then told of the meetings held by the sub-coramittee and its delib- ■’ations and method of investigation and concluding 1 requiry into the continued: “We first asce them and the mination of governin; He The Judges by Their Former Opinions Convict Themselves. RUSH IN WHERE MARSHALL FEARED TO GO '‘Mandamus Cannot be Issued to Compel Pav- nient of the Stale’s Liability But to En force Obedience to a Legis lative Enactment.” eturday Mr. Rountree's speech is delivered. cd its advisability. It is not a party mat ter and should not be decided upon a question of polbics. it should be consid ered on a higher plane than that . Each member of this House should consider his own conscience and not occasion. I believe that every member of this House sits here in the full realize • lion of his solemn and momentous (.- ■st by the peo- has been .vit the smaller off* nd er to the bar to justh— th poor, the weak, the feeble—hut. .today lina, acting under .the forms handed down from days of .be fathers of the Revolu- tion, and the highest judges are the bar of the high court of impeachmeiit. ( Applause), this is yet a land of hr tionar government. WM? so low. and so feeble as I rejoice that and cbnsfitu- beneath mem bi am on.! the committee. So careful the sub-committee, without a dissenting voice, decided to make recommendation as 'port that ought to be made by the full commit-tee. because we thought the fail committee ought to be free to am as it thought best and ought not to be in the position of lions or repudiate the committee. port, the full committee took it up with duty. not impassioned speech made, nor any attempt to force upon any one a conclusion. It was: left to the conscience of each member. The full committee had three meetings of about three hours each, After the com mittee had practically come to a conclu sion we adjourned for two days before taking a vote in order that no action might be taken that was nor the delib erate judgment of the committee. THE SUB-COMMITTEE’S REPORT. miXtee considered, first, what facts were found, and then pitted. •hat facts were undis- ere was not a fact Democratic member, one Democrat who dis and agreed with any conclusion of law. There applause). (Loud the Republi oliua Constitution . It not put there a; low. Mr. Speaker, what are the facts? 897 Theophilus White was el-vied 1 Inspector of the shell fish industry' the as Chinese did indicate shootin; al force of the Constitution, 1“T:. the oiiire- of While was abolished By chapter 1b. Law.- of UNI, seven Com missioners were appointed by name t periorm the services connected with tin rizen— a great speech, greatest, of this c debate. High in thought, concert Mi), convincing in argu- i terrible in denunciation, but eloquent . Men were thrilled I’d by it as only the true orator court of impeachment was organized established by our fathers to protect maintain that law. Whenever we fa: a court of libel's But rhy; minutes and v/m a wild scene of for an hour and five the Hol’S'’: I say if time in human history, Bi committee thout being r ent ar any other G' high and eMracrdin; power when mpeaehmeuf should Whitaker, of Guilford, and his (Allen' uMs. “There are. however, numerous cases holding that an official cannot escape im peachment by resigning before rhe charges can be filed." In this connection lie cited the Belknap case, and added: ‘That’would be a bad form of govern ment in which an unfaithful officer could WI NSTON’S FINE SPLECH Stirring Presentation of the People’s Side of the Question. escape responsibilii misdeeds by running away from the charges against him. impeached and disqualified for miscon duct in other terms or offices. Tn a lease decided by the. Supreme court »d Louisiana reported in 45 Louisiana An- 1 nual at page 1355. it is held: "The great weight, of authority is 1 that an officer may be impeached while It was a masterly dis- ; in office for arts committed in a prior cussion of the law points involved in j tern. ” ‘Mr. Rountree declared that he had, ne After reading this Mr. Rountree e n- i tinned: er approached a duty that gave him so; that 8 judge cannot be impeached for much concern and that if he could have 'merely declaring an act unconstitution- found an honorable way out of it, he j aL V?hil! ‘Ms V at >*•* doubtful, Foe- ... , . ,, ter, the latest and an admirable writer would have escaped its perior-mance. He , . I on the Constitution, stays, speaking of continued: I impeachable offenses, citing many ^n- “From the evidence as I have been able thorities: ties, and it was provided in the act sub stantially that the money should be paid out upon the certificate of the chairman of the Board of Shell Fish Commissioners. ihell F. in connection with the under chapter NO ORDINARY INFRACTION OF THE LAW “It is Always the First Encroachment on the People s Right That Grows Until it Has Destroyed Popular Government.” session was Mr. Winston, of Bertie. He began by expressing regret, at The position he was compelled by duty to take on this question, and spoke of bis opposition to the Norwood impeachmon two years ago. Touching that procec. - ing, he said: two ago when there was brought to the bar of this House an tc see it, and from the argument of those preceding me, I am constrained to the conclusion that these judges have com mitted a wilful breach of the Constitution and are liable to impeachment.” Referring to the earnest appeals for , "It does not consist in an error in 1 judgment made in good faith in the i ' revision, of a doubtful question of law I except perhaps in the vase of a violation j of the Constitution/ INTENTION OF THEIR OPINIONS mercy by the opponents to impeachment, i tor for de Mr. Rountree said: “I have found myself so moved by them 1. i while 1 felt that the judges ought, to Then he turned his attention to certain ing before members as “dis 'riots,” dispensing free adv flaring i the decision? I holding case here judges merely of the Legislature lo complain that not honestly made with a single desire: to administer jus- j ties, but were partisan, and made with ' the intent and purpose to destroy the , confidence of the people in the General Assembly as to enable them to usurp i legislative functions. The speaker then referred to the first vice, some wise and some otherwise, some from people who are disinterested and som e from people influenced by other mo- ' , tires. I will not say that there has been a concerted attempt to manufacture sen timent in favor of these judges, but the counsel so freely given on the street? and in newspapers, the demonstrations h^re in galleries and lobbies, indic-are that the advice is at least factitious and should he “True and disinterested advice i would like to have, for I have been anxious to find the right in this matter; but. at ¬ er al! is said and done. alone must decide. There is no other way. With this introductory Mr. Rountree: proceeded to give the reasons (hat had . impelled him to his conclusion in favor of ; impeachment, first defining th" nature of I impeachment and the punishment pre- j i criminal proceeding whose punishment is of such awful solemnity that it ought never to be invoked. Others hold that it is el mere inquest of office. 1 will no’ discuss these views, but will merely stop to say that in my opinion it is a method devised in constitutional governments by which the representatives of th-- ;wre>T may remove unfaithful officials when their conduct is prejudicial to the pub’ic welfare. “It has been argued to you that chest that no process in the nature of queiiee of appropriations made by Ti e ' Wo judges against whom this liition is dirv-red ordered the cle the Supreme court to issue a manti mone; and called attention tc a .suit by a man clMmin the fact that to be a Denio- strong Demo- crath' lawyers, gave them the oppor tunity so ardently desired by the Re publican leaders of destroying the con fidence of the people in the Legislature. After referring to if cases, in which lb reral other of court reversed people He ousted declared that wherein a- Demo- •om office, the said that, the partisanship of the t culminated in directing a. man- .be General Assembly. "But it is said that Justice Marsha'1 once writ. President Adams appointed t. and commission ■ by Chief Justice Marshall. The appoint- 1 meat was made laie at night and left i on the desk. When Jefferson came into judges mus' not only be guilty of inten tional violation of the Constitution, but that such violation must have been com- stoppin:: a corrupt motive. Without inquire what is meant by ‘corrupt motive’ in this connection, I will saj that if what is ordinarily termed corruption,/ is meant, that position is WHO MAY BE IMPEACHED. "A distinguished writer in the Ameri 'n Law Review, writing of impeach. 1. ent. .s of Mwn to hold is much more difficult interpre- ration of the law. In these cases it m i-t be shown that the judge intention-Ally aetod contraiy to the law; that he know ingly violated the rights of the parties, but it is not necessary, we think to show a partial or corrupt: motive. If his mo tive be merely suite against a party or his attorney, an intentionally erroneous decision is equally criminal; so a number of rulings contrary to law, which lead the community to believe that the judge acts contrary to law, that he considers by diminishing respe-t for justice and n’isehivvously affecting the rights of the parti's and should render him liable to impeachment.” “There is no necessity in law for prov- before impeachment. Tn a. former consti- wilful violation of the eons'itution. Our present Constitu, ir.n, like the Constitution of th:' United States, does not define what tlic common law which we derived England. In the Code, however, it b ‘corruption MISCONDUCT oil ...Ming judge. I found th.:, called for mercy. circumstances When we had from his own hand and his own lips the promise that the offending should cease, the appeal for mercy found a responsive beat in my breast; and today, if I could catch the faintes t echo of a penitent and contrite heart, I should he among the first to let nie.il speak. There is no promise of reform lion, no evidence of regret for appointment. Marbury courts and the court. Marshall writing the opinion Marbury's appointment was . held that ; complete, he right to hold for live years, independent of the executive, his appointment was not revo cable: ‘To withhold his commission. not warranted by law, but violative of a legal vested right/ “Touching this case. Henry Adams in his History of the United States, Says: 'The decision in Marbury's case naturally exasperated Jefferson: but the Chief Justice knew im point b-yond which be tion of his court, and was content to leave the matter as it stood. Marbur- never applied for the mandamus ir the court below. The opinion in the case" of, Marbury and Madison was allowed to sleep, and Bs language was too guarded Wonder- wha' would have happened if he had issued the writ? think you do. Also the griuloman tenable position. Are that excites sympathy of old age. which con that which declare that the constitution and laws of lie State bare been openly.and boldly violated. In defiance of the writ ten law, this court has gone beyond the limits of the Constitution and has taken from the treasury funds around which the most inviolable safeguards had been thrown. “The conclusion that Mav down to the mandamus in September, there was a deliberate, a studied and a carefully executed purpose to override the law of the land. Has that purpose culminated- in fulfillment?’ He declared that this purpose had been consumr. court (Judge Ciark unheard of action •ferred to the oppof-i- / one member of the . and to the hitherto nally suppressing one of his "A judge whose clarion ing out. on more than c issociates in opinions: notes have “W denied the rigM of protest, repealed to on the ground of Their character "High character did not save the first ■e knightly grace to North Carolinians. best who have stood in violation of the law. I reverence high character. I never attack it. "If there is one thing that 1 do despise it's the miserable creature who does not rut has to take draughts of the fetid scum of assailing men and trying re ■- stroy their characters. “The Tart that, these men are men of exalted character makes it dangerous for FIRST INSTANC BIN HISTORY. “Never before has the writ of manda mus been used to destroy the law but al- I repeat that this is the urong IT'/, of her judges has been used arm had been used in upholding I understand it. impeachment D >url of the people. It is the one I know, and I Martin alternative mandamus. The petitioner had been appointed Adjutant General North Carolina Bragg with a salary. attached. Subse fluently the law was changed and an position of Adjutant General. milled the right to deal with property and character, life and limb, but to them- .Toiven :he people naic reserved the i y,hr these judges for any the very found a: ion of our government. There is but one bar at which they can be called to Answer. If they arc inno cent. give them a chance to answer; are court held the subsequent act void and J alw the petitioner entitled to his “We do not enter Carolin; (Mr. Simms), conservatism the fact that been athe the union. 1 birth Carolina hi money out rights of the people. the inquiry • King’ revs them today, ■ become one States. They ' Mountain and a (Co:;tinned from Union passing from her rhe original not light at Milord Court re four )

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