Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-03-31
Prom the tsaleigh Telonram.
Decision OF ihe Supreme Court in reSaS d
&" Term of 1 Gice Of Sheriff.
etate on the Relation of David Lloft.n VS.. jacob
A Bowers

etate On the Relation of David Loftm vs. Jacob
Bowers.
PEARSON, q. J.-ILere are five cases ut
ulis term, called The Sheriff Gases. -
The main question in all of these is, the
term of Office OF the Sheriff elected st tn
first election under the present Con4,iti-
ton, but each presents certain special cir
cnmstances, making 1T necessary that each
case should be referred to Separately -
Each case differs in regard 10 The mode Of
lnstltnting the proceeding. The purpose
IN all, however, Is to get II decision upon
the main question, and upon the effect of
the special circumstances, without rekatd
to tho form OF the procedure-so. that
matter Will be passed upon with the re
mark, that the form adopted III this case,
seems to us to be the proper one.
Art. 4, sec. 81 of the Constitution pro-
vides' The officers elected at the fr,t
election held under this Constitution, shall
hold the Offices for the terms prescribed
for che N respe ctiyoly, nc.tt ensuing after
the ue.1 7'eY~hT election for n1enaberS Of The
General Assembly,"
The next regular election for member s
of the General Assembly is 10 be held On
the first Thursday in August, 1870, Tart. q
sec. 29,) SO the officers whose offices al q
provided for b. article l. elected TT the
first election held under The Constitution,
scribed for them respectively, next ensu-
| ing after that date. These words aro plain
and positive, and admit of 10 other con-
! structlOn. There Is 40 other section
which conflicts with or can control this
construction, and it will he observed the
wording differs very material y from that IN
respect to members of the Genera! Assem-
! bly,. This conclusion, although no reason
for an extension Of the term Of officers
elected at the first election appears on the
face of the Constitution, is enforced upon
! the court because 1t is 50 written Oar
duty is to administer the law as it is, and
not according to our notion as to how it
ought to be. (Seo opinion OF Chief JUS
| tice and Justice Dickson on the question
of "tenure of Office" at the request Of the
&c aeral Assembly, 9th N. c. Rep, ap-
p9 ldix.)
The special circumstances relied on, d.
not, IN our opinion, amount to n Iesig-
nation, or to an abandon ment, or TO a for
feiturc Of bis Office IN the par. Of the de
PENDANT. upon the facts crowded for by
His Homer. III the Superior Court, and fol-
the reasons gwen BIZ him
This case is already d:r;ipguishabla from
Williams rs. Somers. Art B, G1 In tina
case, the .Court put no stress upon The
fact that Mr.. Williams WIS candidate
before the Icoplc, and The decision is pu
upon "a Implied Abandonment of til,
} office, 81 reason of certain acts after til,
election. That decision did not nee. will
full Concurrence on the part Of tue profes-
sion, because the alb lndoEment OF tn,
Office by GLr. Williams was not considered
: to have BEEN voluntary. but ought Il
have Deen ascrbcd to the pressure OF cir
} cumetanoes induced ny demonstrations
action on the psrt OF the Legislature
which The presiding Judge was ready tt
enforce. But. however this may be, GU
case i'll Ii" wise comes up to that, Sc,
Aderholt Us. Mckee, at this term.
Judgment aft med.