The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1869-08-11
The Executive-The Superintendent Oh
Public Works.

Col Harris claims that by virtue of his office and
the Constitution and laws in relation thereto,
he has control OF all the public works OF the
State, that he has the power to appoint the d-
rectors and vote for the state IN all elections of
corporations wherein the State is interested.
Gov. Holden holds that this power has always
belonged to him. and that it has not by law
been given to any other officer, thus it will be
seen that the difficulty between them was una
voiGabe. We regret to see any difficulty arise
between two of the highest officers of the State.
But in this instance we have no scruples in CIV
ing it as our opinion, that Col Harris is in the
right We believe that the Constitution and
laws of North Carolina clearly give him all the
rights and powers that he is now claiming, and
in this opinion we are confident that we are sus-
tanned BY nine-tenths of the citizens of this sec-s
ton OF the State.
The people have great confidenc in Col. Harris
as a public servant, and are anxious that he
should contend for all the rights and powers
given him by the Constitution and laws of the
State, and not surrender them to any one until
he has given them full and lair test, before the
proper tribunal. We urge him to stand up to
the last, and we are assured that the people will
back him, in all that is right and just.-Ruther-
ford Star.
We propose to reply TO the above and to
show the utter groundlessness of the claim
set up for Col. HARRIS.
The Star says Col HARRIS, "by virtue of
his office and the Constitution and laws"
claims the right to appoint directors and to
vote-as proxy in all corporations in which
the State is interested, and that Governor
HOLDEN has no such power What says the
Constitution? The Constitution, article
third, section one, simply provides for Su-
perintendent of Public Works; and the same
article section Thirteen, provides that his
duties shall be prescribed by law. That is
all there is in the Constitution on the sub
iect What says the law9 The sections of
the law under which Col. HARRIS claims
this right are as follows:
"Scc 81. The Superintendent of Public Works
shall have charge of the States interest in all
Railroads, Canals and other works of internal
Improvement, and also of all public buildings
which are the property of the State"
"Sec. 80. 1t shall be his duty to vote, either
in person or BY proxy, in behalf of the State at
all elections of directors OF corporations or joint
stock companies, at which the State is entitled
to vote"
This is the whole ground of the claim.
What does it amount to 1t is provided
specially in the charters of the different cor
porations that the Governor, or the Gov
ernor and Council of State, shall appoint
these directors and proxies. Leaving out
| of view the fact that the charters possess
more dignity and force than simple law, is
it reasonable to suppose that the Legislature
intended, by the general language of the
| 9th section, to confer these powers on Col.
HARRIS? If so, why did not that body say
| so in so many words9 Why was not pro-
| vision made to obtain the assent of the pri-
| vate stockholders to this assumed alteration
| of the charters The truth is the language
is general, and the powers conferred ale gen
eri.l. It is not to be presumed that the Leg
| islature intended to infringe any charter.
! The very title of Superintendent implies
that the officer is supervisor or overseer.
He possesses no original power. He is to
"take charge of the States interest" in
| these corporations, and in "all public
buildings which are the property of the
Statc,"- that is, he is to look into the affairs
] of these corporations, as he is to look after
the property referred to, and to report to
| the General Assembly. If he can appoint
| directors of Railroads, then he can appoint
| conductors and enginee;s-he can regulate
fares and freights-he can take charge of
the money received and give directions as
| to its disbursement; for is ile not charged
| with the Estates interest in these works
i There is no limit to this general power
claimed by Col HARRIS. If he can appoint
one officer, he can appoint all the officers
and employees. The State has an interest
in the funds-the money of the corporations;
is it pretended that Col. HARRIS can have
charge" of that9 The Superintendent of
the Insane Asylum, for example, and of the
| Deaf and Dumb and Blind, have charge of
the States interest" in these institutions,
yet they have no original power; they can
not appoint single officer or dispose of a
single dollar of the funds.
Again, this power of Col HARRIS, as de-
fined by the 9th section, is not confined to
the Railroads and Joint Stock Companies
but it extends to "all public buildings which
are the property of the State" Will any
intelligent man assume that the Legislature
intended, in these few lines, to tumble these
powers tngether-that is, to appoint direct
ors and proxies for great corporations in
the very face of their charters, and then to
make the ridiculous descent of giving him
charge of the public buildings? And then
| if, under the first clause of the section, he
can appoint directors on the Railroads be-
cause he is charged with the Estates inter
| est" why cannot he, on the same ground,
appoint the officers who occupy the public
buildings Indeed, the whole thing is
ridiculous, and we might well ask pardon
Of our readers for arguing SO plain ques-
| tion.
But it is said Col. HARRIS has this power
because he is u Constitutional officer He
takes nothing by that save under the law,
| for the Constitution says his duties shall be
prescribed by the Legislature. The "su-
nreme Eyecutive mower of the State ia