Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-02-26
Abstracts Of the Opinion. delivered by
Judges Pearson and Robins n "A the mat
OF galloway vs. Jenkins

Judges Pearson and Rodman i the IN Il t
ter OF galloway w.. Jenkins
OPINION OF PEARSON, CHIEF JUSTICE.
BY al act of August 1868, the General Assem-
bly, enacted that,
SEC. ITO enable the Chatham Railroad Com,
pany to finish their road, the Public Tree surer BIZ
directed 10 deliver TO the Compan coupon bonds
)of the state not to exceed two millions OF dol
lars."
SEC. 2 In exchange for said bonds, the Com
pany Is 10 deposit Win the Public Treasurer
lbonds Of The Company OF the same amount same
interest and So me dates $"
The tenure and effect of the statute under con.
sideratinn is to aid in constructing railroad from
Chers" ~ tho uoaiiields the state subecriOes
two InIIo-e nf dollars, and directs the bonds OF
tEo state to lie handed to the President OF the
Company upon tbs surrender of the bonds issued
under the act OF August, 1865 and in the same
bill tax is lcVled 10 pay the Interest annually.
| The question is upon the construction Of Art
5, Sec. 5, OF tho Constitution dad tbs Genera!
Assembly power to create this debt unless the
suffice be submitted to direct vote Of The PEG
pie?
The atatute under consideration complies with
the first clause. Does the second section impose
the additional restric ion lin the spociied)
Of submitting the subject to the vote OF the peo-
pie? The question turns upon this point. The
conclusive to show this. We must resort to othe I
rules OF construction,
III construction, the Court is not confined to a
=
ment The bill of rights provides that the Pablo
| Debt shall be preserved inviolate
Agaio, it Is provided that Bills to raise money
shall lie read three several times Oh threo differ
e1t days. Again. the General Assembly shall
provide for tho payment CT the interest the
Public Debt, NC: and provide sinking fund
Here We have declaration Of purpose to main
tain The honor OF the State and pay eff tie pab-
lie debt d robuke to ha5ty Legislation in refer
enee to raising money ard pledging the faith OF
the STATE" This purpose conld not be effected
| de0t by restricting the power Of the Legislature.
But the Court ID called upon to look The
previous evil which gave rise to these GOEstitu-
tional lestrictions This vail fu nish kew to the
meaning and omen 1t 20 plainly that 'he who
iruns may read"
Quj i.,iblc debt has been in the main contract
81 il tnfeo modes. /. By subscribing stock IL
corporations aud issuing bonds to pay the same.
2. By isauing bonds and taking bonds Of q cor
pora ton. III exchange. ). By endorsing bonds.
| Ia it reason able to suppose taat the Cunstitn
| ton would guard again st two OF these modes Of
evil in the future and leave the pub!i>; interest
exposed to the other? TO illustrate, would VIC
imputc wisdom to Individual who, having a
field exposed Oh three sides, should carefully
fence up tW3 OF Tho sid ID leave tho q bcr side
open?
The word - give olust be taken in it's ordinary
meanlnG- II by no means necess arl:y means a
grat'll'E Give aud grant is equivalent to ted 81
concessh-"l will give you my hcrss for Yours -
l." What did You gre for your house and lot:''
| -" will give yOn a thousand doiiars fer IL. if
You viii give nue. Six months c:edIt." This is OBJ
vioueiy the sense III which tilu word is ed in the
section under consideration. The Use of the
llcltuds to cover very sappos+nle case in which
the credit of the state might be used whereby
the public bt would be Increased.
! The suggestion that the credit OF tho State was
given TO aid in the colnpletion Of an nnfinished
road was not strongly urEo1. Tho other sugges-
zion that the state has direct pecuniary interest
in the !oad was properly abandoned.
| Cur opinion is that The statute under cons1d
Grafton Is void and that the General A semb!y had
no power to pass il without submitting The sub
| ject to q vote OF tn. people.
| There ie error; necretal order reversed: thi.
will be certified: Rodnlan and Dick concur3iDg.
| PEARSON, Z. j.
! OPINION OF RoDMAN, j.
1t was adlnittea on both sides that the case
IVES properly i'll court. THE material question
Is. whether that part OF all act OF the General As
sembly, ratified on tho 18th December, 1868,
| which relates to the Chatham Railroad onpany.
(sections 4, 5. g. ~ taken il connection with the
acts of which it is amend story violates section s.
article :, OF the Constitution Of the 9tate and
transcend5 The constitutional power Of the Gen
eral Assembly,"
| 1t must re admitted that this clause of the
| Constitution was intended to impose some re-
strcton on the Legislative power. The question
IS divided into two independent clauses. The first
clause, requiring the avying OF special tax,
has been compiled with. No question can arise
under this clause. The second clause imposes an
additional restriction. This additional restriction
is superaidod i'll certain special G. ses to the first
general restriction This additional restriction is
| submissive to the vote of the people. 1t must be
admitted that the road provided for in the act OF
the 18th OF December, 1853, is neither an ''un-
| finished road" Or road il which the State
had " direct pecuniary interest" Any other
construction would render this clause totally in
effective.
| The question, then, is reduced 10 this does
the act Of 18th Decembet. 1868, give or lend the
credit of the State in aid of the Chatham Railroad
Company, or any other person, association or
corporation? If it does, it is prohibited. This
prohibition is expressed in the Constitution as
clear as it is possible for language to IN axe it,
The bonds Of the State were the credit Of the
State, and fer what purpose could they have been
given, except to aid the Company to build the
road. Therefore the act of the Legislature in
question is unconstitutional.
| In this view OF the subject it is iumaterial
whether the bonds of the State are st par or not
The question must be submitted to the people.
concur in opinion with the Chief JUSTICE and
With Judge Dick.
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