The farmer and mechanic. [volume] (Raleigh, N.C.) 1877-1885, 1878-08-22
IneligibleS.

Politics is strange fish, 1t was but
"A week after the election before seven
members of the General Assembly
were declared disqualified by reason OF
holding dual offices. Three Conserva-
tives and three Republicans, to-wit
B. \. Berry of Burke, y. Young of
Rutherford and j. D. Click of Iredell:
j. }. Ferrell of Wake, Frank Dancy
and Clinton Battle of Edgecombe, are
county commissioners. Capt. ). b.
Alexander of Mecklenburg is a mem
Der of the State Board of Agriculture,
by virtue of being Grand Master of the
State Grange. The disability is sup
posed to be created by the 7th section,
Article NV of the Constltution which
provides that no person who shall hold
any office or place of trust or profit
under the United States or any de-
partment thereof, or under this State,
or under any other State or govern
ment. shall hold or exercise any other
office or place of trust or profit under
BILE to a seat in either house OF the
General Assembly: Provided, that
nothing herein contained shall extend
to officers in the militia, justices of the
peace, commissioners of public chari
ties, or commissioners for special pur
poses.
Col. B. S. Gather, of Morganton,
one of the first lawyers in the State,
argues that the county commissioners,
as ct present constituted, are really
mere comm iSSionerS of public chari-
ties" having general supervision of
the charitable and penal institutions,
roads, bridges, etc, hence are not dis
qualified.
Capt. Alexander's case differs from
the others. A well known lawyer of
Charlotte, signing himself 81" ar
CUES that Senator A. may legally take
his seat in the Legislature, because not
legally q member of the Board Of Iyri-
culture. In support of this singular
position, he urges that the Legislature
1st, had no right t, appoint the officers
of the board, as the Constitution pro
vides for the appointment, by the Gov
ernor, of all officers whose Offices are
established by this Constitution, and
whose appointments are not otherwise
provided for Ind, that even if it be
granted that the Legislature may ap-
point the board, the Constitution re-
quires that such elections shall be Uird
r0ce, whereas the act establishing the
department provided that the same
shall be under the control and super
vision of a board which shall be con-
stituted as follows, to wit: The Gov
ernor who shall be ex-officio chairman,
the State Geologist, the Master of the
State Grange Patrons Of Husbandry,
the President of the State Agricultural
Society, the President of the Agricul-
tural College of the State, and two ag-
riculturists who shall be appointed by
the board and their successors
in office"
And -" argues that even if the
Legislature had d right to name the
Governor and State Geologist as men,
bers of the board, it did not have a
right to delegate authority to the State
Grange, and the State Agricultural
Society to elect two members of the
board from year to year.
We have given these points as urged
by the lawyers above mentioned not
to discuss them here, but simply to
show how doctors differ
When the bill creating the Depart
ment of Agriculture was mooted it
met with strenuous opposition, and be
came the target for wide spread criti-
cism. The original draft was carefully
drawn by Prof. Kerr, though consid-
cradle amendments and additions were
made by President Battle, Gov. Vance
and Col. Polk, all of whom took warm
interest in the measure. Attorney
General Kenan was also consulted,
and the two committees of the Legis-
lature composed of some fine legal
talent, critically considered the bill
before presenting it for passage.
Finally it was fought through both
houses, section by section, line by line,
clause by clause, while numerous keen
eyed opponents on the floor and III
the lobbies va ched anNiously for the