The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1889-04-16

Il 49,
TT EG3E-Tz1 .iE9T: = : sEGns 81
State of North Caroline in the JSapN,
rior Court of Wake county" ~ sg;v
It will be observed that the statute
does hot Indicate 6y Uhonu the action
for the penalty shall he brought, and
the case therefore may come within
the provisions of section 4,2I2 of the
| Code. which declares: M'Where "a
penalty may be imposed by any law
passed, or hereafter to be passed, and
it shall not be provided to what per-
son the penalty is given, it may be Re.
covered by any N who will sue for
the same, and for his own use.'' E1
The Attorney-G General; / take it has
no authority to institute any action in
the name or on behalf of the State
except where he is expressly author
lied so to do. His duties in that re.
spect are prescribed by section 1858
of the Code, which requires him
"lI). To defend all actions in the
Supreme Court in which the State
shall be interested or is a party; and
also when required by the Governor
o r either branch of the General AS.
sembly to appear for the State in any
other court or tribunal, in any cause
or matter, civil or criminal, in which
the State may be a party or interested.
(2). At the request of the Governor,
Secretary of State, Treasurer, Auditor
or Superintendent of Public Instruc-
ton he shall prosecute and defend all
suits relating to matters connected
with their departments"
1t will not be improper for me. to
recall the fact that, during the session
of the General Assembly Of 1887,
representations having beenmade that
some railroad companies were evading
the law requiring annual reports I
pointed out the defect of power in the
Attorney-GeneraLto bring the neces-
sary suits and suggested that it might
be well to remedy it. Thereupon Mr..
Ewart, of Henderson county, intro
duced a bill or resolution into the
House authorizing the Attorney-Gen
eral to bring such actions. The prop
ositionmet with considerable opposition
in the House, but passed and went to
the Senate, where it was referred to
the judiciary committee, from which
it was reported favorably and took its
place upon the calendar, but what be-
came of it afterwards I never learned.
[ presume, however, it was not reached
before the end of the session.
Since 1887, / have heard noocom-
plant whatever, until the suggestions
made by the, correspondent in The
PROGRESSIVE FARMER, that the law was
being evaded. 1 have no information,
official or unofficial, that such is the
fact.
Whether the reports have been
transmitted to the General Assembly,
the public documents issued by the
Legislature at the expiration of5each
session.. and which r accessible to
all, will show. - .
If these reports have not been made,
and the law has not been enforced,
the explanation, l think, may be found
in the fact that there has been a strong
desire and expectation that a Railroad
Commission would be formed, at every
session of the Legislature for the last
six or eight years, which would super,
cede the necessity for these reports, as
the matters therein provided for would
be embraced within the scope of the
duties of the Commission.
However that may be, l am sure
that each and every department Of the
State government will heartily do,
what it may, legitimately, to vindicate
any law when it has information that
it has been violated.
at: Very truly yonrs,
THEo. F. DAVIDSON.
Acknowledgement