The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1874-05-13
mUxIcIrAL NC mrs.

CHtfy ~ vi BAs 1ANhuks Ut ocu0feQAt0 ne
wanting An unqusstioning aequisscence
In the expressed apiniol 81 o judicial func-
tionary let The cliief magistrate Of the
town an idle figure head on NJ helpless
board of commissioners. The consequence
has been that while public order has been
maln.ained u . remarkable degree the
outgrowlh Of the exceptionally excellent
coinponests u our population. the ma
tellal insersstslof Tie town have been ut.
terly neglected, and the ruin OF years
suspension Of imperative duties will In
the future Re The source Of bitter regret,
that file instincts III Interest aud self pres
eryatioIl had not sooner aroused The citi-
zens from the apathy and Indifference to
| their welfare which has been 80 rslent 10
every body hut themselves. aisi'
BY the niereSt accident, and almost a.
gainst the action os some Of our most pros
miiens citizens. i good board 81 Commits
sionerx has l,osn elected fur the coming
year They wers selected will special
reference % tieir capariiics for work. mud
We intrnd To hold then, TO The faithful
discharge Of their duties. They do not
indeed. need any spur. They need only
70 be assured Of their rights and powers
In the premises, and then We feel assured
that will realize every hope based upon
their energy aud fidelity.
The apology for past dersliction has
been The deprivation Of power by judi
cial decision, aud thereby the total Vita
ton 81 the charter Of the town aud the
complete enasculation Of the act ofincor-
poraiioil. -.
The subject Is serious nne and merits
examination, and viii justify the the els
tation ~ csuses and cases which have led
70 conclusions tl,reaiening such fatal re-
suits not only TO Us but To all other ipcor-
porated cities and towns. ~, AZ
Some time In 1879 one Ben Hewarda
eolored citizen Of Hilisboro was a,raigned
before ih@ Mayor on a chsrge ~ the viola
tion Of q town ordinance prohibiting pro-
fame swearing II public places. He was
convicted. The offence was proyen, and
be was fined; whereupon Ills counsel,
Thomas Webb Esq, took an appeal to the
Sul,erior Court. lN sE ass
Upon the hearing ofthe case at the Fall
term 1878, Mr.. Webb moved 70 dismiss
the case upon the ground that offences A.
galnst towp ordinance, were thesutjects
~ civil action and therefore only cagni.
Fable BY Justices Of the Peace. and that
the Mayor was not Justice Of the Peace.
Mr. Webb cited the cases, which We name
lather on.
TX. Nash. Atty. for.the Commission
err objected, that by virtue Of the Act Of
Assembly, also cited In another part Of
this article, that oifences against town or
dinsnces were declared misdemeanor,
aud punished accordingly. 4 .~e. as
In reply. Mr.. Webb said the Legisla.
ture had mo- right o. delegate lis powers.
He cited several instances where the or
dinances ola town prescribed penalties
for acts which were not offences under the
public laws, as for instance the offence ut
issue-swearing In public places-carrys
ing FIRE through the streets &c. The
Jndge after an advissri ordered the case 60
be dismissed at the COSTS Of the Town Of
Hillsboro.
Judge Tourgec ruled that the Magis-
tnte had no Jurisdiction In tie case nc"
eording 10 the ruling Of the town Ct Elem
ton 8. Jacab Wool and George crawlln
IN. q. Repe5 page s7sa That case took
the ground /" that the Legislature cannot
confer on the mayor of town the Judicial
powers Of Justice OF the Peace In civil
sctions. The Constitution lArt.4 Sec So
con.srs exclusive original Jurisdiction on
Justices ofthe Peace where the sum de-
manded does not exceed two hundred
dollars The State Constitution requires
that justices ofthe Peace shall be elected
by townships, whilst Mayors are elected
only by towns and cities.
This decision was based upon the case
Of Wilmington vs.. Davis les y 6. Rep.
page 5ssl which vas cited and approved
The case Of Howard was technically q
civil action arising out OF the breach Of a
contract.
Judge ,Rodman IN giving The opinion
Of the Court In tie case against Wo0i aud
Crswiin, said that merely calling the
chief officer Of towna justice Of the
tpeace does not make him 20 in the seuse
of the Constitutions. fIe must be elected
by tie qualified voters Of township.
Thsss decisions. II maintained, 80 effect
ually destroy the individuality Of Munic-
ipaI corporations, 80 completely blend
ltItelr functions aud existence with thai Of
the surrounding country, and 50 thor
oughly obliterate Che afJurisdlc.ion,
that acts Of Incorporation at once hecome
80 much waste paper. They mean 10th
ing, for they can do nothing, and can pro-
,ect nothing. But they did mean some
thing and very much, originally. Towns
and cities have wants not felt by the
cpunlry.y They have offences Which
a a.. = 49,