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were to be withdrawn.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 )