Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-11-19

the different parts of a written instrument
must be construed with reference to each
other, that effect must be given to each
part, if possible, and that If any one part
may separately and by itself be liable to
conflicting constructions, the one which is
consistent with the other parts of the In
strument must be taken as the true one.
Bearing this in mind we have had no doubt
as to the time when the term of office OF
the members of the present General AS
sembly would expire. We have not, how
ever, deemed it necessary to say anything
upon the subject, for the reason that we
had supposed it possible that any purpose
to hold over after the first Thursday in
August of the coming year could be Sc
riously entertained. We do not by any
means feel sure now that the attempt will
be made. Indeed, the recent signal vic
tory of the press over the Railroad Ring
forbids such a belief. We shall, therefore,
not enter into any labored argument to
sustain our position, but will content our
selves with merely grouping together the
clauses of the Constitution bearing upon
the subject It will not need the skill of
a lawyer to determine the true intent and
meaning of the Constitution:
Sec 3, Art H. The Senate shall be composed
of fifty Senators, biennially chosen By ballot.
Sec. 6. The House of Representatives shall be
composed of one hundred ana twenty Represen
tatives, bennially chosen by ballot &c.
Sec. 81. The terms OF office OF Senators and
members of the House of Representatives shall
at IA al election
term of Office of those elected at the frs: election
under this Constitution shall terminate at the
same time as if they had Deon elected at the hrst
ensuing regular election.
Sec 20. The election for members of the Gen
eral Assembly shall be held for their respective
districts, and counties at the places where they
are now held. Or may be directed 10 be held. in
such manner as may be prescribed by law, Oh
the first Thursday i'll August, in the year one
thousand eight hundred and seventy. and every
Two years thereafter. But the General Assembly
may change the time of holding the elections
The first election shall be held when the vote
shall be taken on the ratification of this Consti
tuition by the voters of the State, and the Cen
| eral Assembly than elected shall meet OH the fit
teenth day after the approval thereof by the
| Congress of the United States, If it fall not on
| Sunday. but ii it shall. SO fall then on the next
| day thereafter and the members then elected
| shall hold their seats until their successors are
! elected at q regular election.
Sec. "a, Art. ". The laws of North Carolina
not repugnant to this Constitution or TO the Con-
stitutiOn and laws Of the United States shall be
in force until lawfully altered.
Section l, Chapter 50, Revised Code. The cleo
ton for members to the Senate and House of
Commons of the General Assembly shall be held
for the respective districts and counties at the
places where they are now held or may be direct
ed hereafter to be held IN the manner as hereInaf-
ter prescribed, the first Thursday in August in
the year one thousand eight hundred and fifty
six, and every two years thereafter.
The first election under the Constitution
was the one held on Dist, ed and 23d
April, 1868. The Law, however, directed
an election to be held Oh the first Thurs
day in August following. TO avoid, there
fore, the expense and trouble of holding
two elections, the Convention directed that
the persons elected in April should con-
tinue in Office just as if they had been
elected in August, or, in other words that
1.-the term of Office of those elected at the
first election held under this Constitution,
shall terminate at the same time as if they
had been elected at the first ensuing regu-
lar election"
Any other construction will give us two
separate and distinct Legislatures, to wit ::
the one elected in April, 1868, and the
one directed to be elected in August, 1870,
by Sec. 20, Art. II of the Constitution.
This, if it were possibility, would present
very serious prospect, from the fact that
the Legislature to be elected in 1870 will
very probably be of a very differentEpoliti-
cal complexion from that now in session.
We cannot see how there can be any
doubt upon this point, but if there had
= l.,
of the Judges of both Superior and Su-
prone Courts. If the Legislature holds
over so must the Judges, for the Consti-
tuition places them in the same category
with the members of the Legislature, and
so, if the Judges cannot hold over, neither
can the Legislature.
Sec. &c, Art. VI-Judiciary-The Justices of the
supreme Court shall be elected by the qualified
voters OF the State, is provided tor the eiec-
ton of members of the General Assembly. They
shall hold theiy Offices for eight years. Tho
Judges Of the Superior Conrts shall be elected in
like manner, and shall hold their offices for eight
years. But the Judges of the Superior Courts
elected at the first election under the Constitu-
ton, shall after their election under the super
| intendence of the Justices of the Supreme Court
| be divided by lot into two equal classes one of
which shall hold Office for four years the other
| for eight years
Sec. 81, Art ~. Inc Olilcer5 elected at the
first election, held under this Constitution. sh all
hold their offices for the terms prescribed for
| them respectively, next ensuing after the next
| regular election for members of the General AS
| semD!y. But their terms shall begin upon the
approval of this Constitution by the Congress Of
the United States.
In the LXIII volume of North Carolina
Reports, the official Reports of the Supreme
Court that was to superintend the divi-
sion of the Superior Court Judges into
two classes, we find that the Superior
Court Judges are divided into two classes
that Judges Pool, Thomas, Russell, Bux.
ton, Tourgee and Logan belong to the
"first class" and that their "term ex.
pires in 1872" and that tho "second
class" is composed of Judges Jones, Watts.
Cloud, Mitchell, Henry and Cannon, and
that their "term expires in 1876" This
action of tho Court fixes, beyond the pos
sibility of doubt, that the first Thursday
of august, 1868, was the first regular
election referred to in the Constitution.
and that consequently the term of Office OF