Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1855-07-25

of niefifbers-c Composing the Board which
gives the permission to retail, and. they
may demand an immediate payment of the
tax. The power to give the permission and
the power TO tax are thas shown to be co
extensive and must therefore begin aud ter
inmate at the same time. Now, let us see
how~all this applies to the case before U.s.
No person viii deny that the members who
come into Office, and compose what We will
call a new Board, in The month of January
in any year, have peEer 20 give a permission
to one. who wishes to. apply at the psxt sue
.ceeding Gounky- CouEt fpr. a, license r retail
Of the tax for the saaase tenlana
their power being a limited and special
power, as in its nature it must be, is exhaus-
ted and gone. AS to that, the Board is
fuactus o6Gcio, and any further attempt to
exercise the power must be nulfty. But
perhaps it may be said, that it does not ap-
pear that the Board which granted the per-
mission in the present case had ever before
exercised the power, and that therefore the
grant was valid. The clear and decisive
answer IS, that the Legislature did not con-
fer the same power which is necessarily i'm
tied to one year upon two sets of Commis
sioners to be exercised during the same year.
Yet such would be the case if the action of
the members who composed the Board of
1854 could be sustained. Their power to
grant permission to the defendant for a
license and to tax it, commenced with their
entry into Office. They did, or might have
authorised him to apply for licence at the
February Term, 1854, and for their permis
sion have made him pay tax. Their sue
cessors must have the same power for 1855.
And unless the power of the former set be
confined to their official term of existence, it
must necessarily trench upon that of the
latter, which the Legislature certainly never
intended. But it may be argued that the
defendant was for certain reasons satisfactory
to himself, willing to take and pay for a per-
mission from the Board of 1854, and that
he might if he choose waive the objection 10
the payment of the double tax. The reply
IS, that the question is of po.Oer in the Board
and his consent cannot confer what the
Legislature has withheld.
Viewing the case in every light in which
it can be presented, itapPears to us that the
late Board of Commissioners did an act
which amounted to the exercise of power
which properly belonged to their successors
and not TO them, and that therefore, their
act was unlawful and void.
In favor of this, construction too, an OBJ
vlous policy may be urged. 1t is that the
license which the Court may grant must be
in force for part greater or less Of the time
during which, the nembArs of the Board who,
"a gssys tns' permission arg d ofieei and they
ilege. s'rse feel q deeR abuas in seeing
The objections 10 tl . ssuficiency Of tre
warrant are all untenable.
1t sets forth every fact necessary to show
chat the penalty given by the act had been
incurred. 1t states that thereby an action
had accrued to the Commissioners of the
City of Raleigh which is the name in which
the Act directs the penalty to be recovered
> The judgment is affirmed.
) Opinion delivered by Judge Battle.
b Test: true copy. E. B. FREEMAN, CPk
How TO GET RID OF MoTHs.-A yea
: since we had occasion to store a lot of fur
> niture with considerable amount of wool
= en- garments, carpets, bed clothing, &c.
= AS the house necessarily used for STORM!
: was infested with moths and cock reaches
= :, we had some fears on the account, but W
: procured pound and a halfof good camphol
> and packed all woolen materials in singl
close room, with large lumps Of camphor i
II several pieces. The room was then close
: up tightly, left till a few days since. O
: opening it, we found it filled with a stron
- !, odor of camphor. The Jumps Of gum whic
- = were about the size of a hens egg when pu
! in, had now lost half their bulk, and not
u 4 single thread of any cloth in the room ha
~ ~ been injured by moths or other insects.
- - One thing surprised us not little tt
:. = ceiling of the room was literally covered wit
- - thousands of moths, though none were foun
- - elsewhere. The dollar expended in gettin
- large amount of camphor probably save
" = us from many dollars loss, since bit
-, stair carpet and an old muf which were lie
,,s - in another room with some furniture, wel
~ ~ entirely destroyed.-Ansericon Agricult@r
re A boy eight years old being offered as
OF witness at a Justices Court in Boston, ws
ny examined to his understanding the nature
!, ne an oath The Justices inquired
he Do you know anything about hell?
eMrs M The boy scratched his head for momer
-eu and looking the Justice in the face innocer
~ ~ y sArli4d
ers No sir, e0as T1eOer rgzTUrs - Il =
nty He was allowed to testify.
no
ne, A GALS WAIsr.-A schoolboy do
one East, who was noted among his play -felio
or for his trolics with the girls, was readi
ex- aloud in the Old Testament, when, COM
jity to the phrase, making aCaste places gla
ody he was asked by the teacher what itmeal
sue Don't know, sir
lee Il know what it means, sir, cried pre-
hce. cious urchin in the class.
by well, let Us have you: definition OF
lied said the teacher.
'usi 1T means huggin' the gals, reckon ;
tuai there's Tom Ross is alters a huggin'
lg it round the waist, an it makes 'em as gla
IN can be-
'sise Teacher Right you go 10 the top
king the class
act,
} do. BosToN vs.. FRoVfDENcE.-An no
| the farmer in the southern part of Massachu
will talking about his crops, was told that