Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-03-13

ernor and his appointees will only act
Id the same liberal and generous anc
patriotic way, all will be well. We
have not implicit confidence, however
in our Radical Governor, and it viii
not surprise Us therefore if this magni
ficent Con solidation project shall come
to nought; but if it shall so happen,
the Conservative Legislature will not
be responsible. We hope our friends
in the West will hold Governor Cald
| well and his friends to strict account
| ability if work be not at once begun.
Provision was also made for the
| election of Judges i'll the places OF
| Mr.. Cloud, in the West, and Judge
| Moore, of the East, who now sit upon
the bench by sort of joint judicial
and executive usnrpation. Judge
Moore was appointed to I'll the va
cancy occasioned by the forced resig-
nation of fudge E. w. Jones, and
claims to hold office for the fnll term
that Judge Jones would have held it.
AAi. NAOtC SAa1L11o ~ bC q IuOSC III titt
Salisbury District by virtue of an ap-
pointment from Governor Holden
to fill vacancy" cccasioned
by the refusal of Mr.. Starbuck
to accept the position for which he
had been voted by his Radical breth-
rem in the State. The Office was never
filed or attempted to be filed by
Starbuck, yet Governor Holden held
that Starbucks refusal made a .ya-
cancy' that could be filed by the ex-
ercise of San executive Junction. as
Governor Caldwell would say, and Mr..
Cloud holds that he can continue to
fill it as long rs Starbuck could
have done had he accepted the
Office originals. The Legislature
entertained differe4.-' views in regard
to the matter and passed a bill order
ing elections to be held to fill the va
cancies in accordance with the require
ments of the Constitution.
In this connection it may be we'll
to mention an incident showing the
scrupulous regard of the Conservative
party for the law. The bill ordering
the elections just referred to. as passed
by the Senate, contained a provision
ordering an election to fill the vacan-
cies on the Supreme Court Bench oc-
casioned by the designations of Judges
Dick and Settle and now filed by
Judges Bynum and Settle under ap-
pointments from Governor Caldwell.
In the Senate there was no difference
of opinion among Conservative lawyers
about the matter, but after the bill
reached the House of Representatives
Colonel Bennett, the Chairman of the
Judiciary Committee, announced that
he considered the clause in reference
to the election of new Supreme Court
Judges to be unconstitutional. There
upon, o:withstanding the fact that
Colonel Bennett was the only Conser-
vative lawyer in the House who enter
tanned such an opinion, the Conservs-
tives agreed to strike the provision
from the bill and it WAS accordingly
done and the bill sent to the Senate in
its new shape for its consent to the
change, which was given without diff
Guilty. A more striking instance of
on the part of domi-
nant party to avoid the appearance
even Of acting contrary to law is rarely
So much for what may
possibly be esteemed mere local mat
ters.
The first matter of general interest
that occurs to us is the material redul
ton in the amount of taxes to be lev
led. This year the taxes amount to
only forty cents on the one hundred
dollars worth of property last year it
was fifty and one-third cents. This
simple statement speaks volumes in
proof of the substantial benefits to be
derived from the continuance Of Con
legislation. The longer we
are in power the lighter are tie bur-
dens Of the people. 1t is needless to
enlarge upon fact that carries with 1t
such ready proof Of its truth.
mother measure of general appli-
cation and Of great importance in GER
tain localities is the change IN the
election law requiring every voter upon
being challenged on the ground OF
to prove his residence IN
the county for the preceding thirty
DAYS by the oath of some person other
than himself. Every person who has
an important election IN one
of our cities where large negro vote
is polled knows that this change III the
election law will close the door upon
an untold amount of fraud. Had 1t
been made two years ago 1t is safe to
sav that Tod Caldwell would not now
be Governor of North Carolina.
Another thing of prime Importance
and of universal interest, was the re-
peal of the instructions i'll regard to
the school law sent out by Mr.. McIver
and the Board of Education, thereby
removing impsdiments TO the s'7c"@*s
full operation of the school law passed
by the previous Legislature.
Battles Revisal of the Laws of North
Carolina, though ordered at the ses-
sion Of 1872-'73, was not completed
until at the last session. The book
may not be perfect, indeed in the short
space of time given for the perfor-
nance of the work, and with power
only to make compilation, perfection
was not to be expected; but for all that
it will afford immense relief to the va
rious officers in the State, and to the
people generally, as well as to the
lawyers specially. The confusion and
uncertainty consequent upon Radical
legislation, rendered 3 revisal of the
laws absolutely necessary, and it could