The state chronicle., 1889-08-23
is A TRUSTEE OF THE UNIEER.
SITN AN OFFICER;

| Ger That question has been raised ana
debated since several members of the
Board Of Directors of the Insane Asylum
| resigned because it was thought that they
could not hold that position and another
office If Trustee Of the | nlverslty Is
an officer, then Col. SAUNDERS, MAJOR
FINGER. HoN. A LEAzAR, Hon. c. NJ.
COOKE, r. a DOUGHToN, ESQ, and many
other prominent men in the State would
be compelled to resign as Trustees
1t i. a mooted question among lawyers.
We do not believe that it was ever in
tended to regard a Trustee as an officer.
The Constitution of 1899 provided that
no person should hold two executive Off
ces in North Carolina. The Legislature
at once construed that this di not apply
to Trustees Of the University By electing.
among Others the Treasurer of the State
a Trustee of the University. SO we have
this early construction of that section of
that Constitution.
In 1885, on the second Monday in No
vember, the amended Constitution went
into effect and 1t was declared that mo
person who shall hold office or place Of
trust or profit. &c, shall hold or exercise
any other Office, &c The Legislature,
which met one week later, to wit: III the
third week Of November 1885, empha-
sized their construction Of this amend
ment Of the Constitution by electlng
SAMUEL FINLAY PATTERSON, then and after
Treasurer of the State a Trustee OF the
University
In 1865 the words of the Constitution
of 1889 were restored This provided
that no person should hold two lucrative
offices in North Carolina.
In 1873, in August, the people ratified
the present amendment to the Constltu-
ton. which SO far as this purpose IS con
cerned, IS the act Of 1885, and empha
sized their construction Of this Constitu-
ton in like manner as the Legislature of
1885, by electing as Trustees of the Uni
: versity gentlemen who held other offices.
But the Convention of 1872 - has not
left this matter as it was before, for IN
the very amendments submitted, there
was another amendment which is now
: known as section Of article 0, and III
} these words:
f The General Assembly shall have
: power TO provide for the election Of Trus-
: tees of the University Of North Carolina.
3 IN whom, when chosen, shall be vested all
g the privileges, rights, franchises and Ell
: doWments thereof in anywise granted to
\ or conferred upon the Trustees of said
: University: and the General Assembly
may make such provisions. laws and reg
e ulations. from time TO time, as may be
necessary and eXpedient for the mainte-
/ nance of SAID University.
:! Under this section the case Of the [ nj
versity VS.. McIver was decided in ed \.
; c. Reports, in which il is declared by the
e court that the General Assembly, and not
t the Governor, shall provide for TIE elec-
! ton Of Trustees Of the University, &c.
I This section it is held in the case cited
], exempted the Trustees from what is
o known as section 10, article Of the Con
stitution, which section confers upon the
o Governor the right to appoint all officer:
n whose offices are established by the Con
!, stitution Now, these Trustees are clearly
II not within the spirit of the Constitution
and section e of article declares tha
the Trustees, when chosen by the Genera
Assembly, shall be vested with all The
:. privileges, rights, franchises and endow
ments thereof. Does not this seem t
have LIFT the whole matter to the Legisla
ture The Governor is not allowed ever
to accept resignation. He has beer
called upon TO demand the resignation 0
r. OF off
Where does he get the power: If an,
: citizen thinks differently, the courts ar
open to him. Let him make the pon
- and have the courts to pass upon it. w
:. confess that we do not see where the Gov
ernor is called upon TO interfere, because
while it is true that section 1920 of tn
Code requires him to see that all Office
:, are filled, McIver's case clearly show
that the Office Of Trustee Of the Unver
sity is an exception to that provision.
Now, if Trustee of the University
excepted from section 1920 of the Cod
(Which requires the Governor to see tha
all Offices are filed, &C., from article 3
section 10, of the Constitution (Which re
- quires the Governor to appoint all officer
whose offices are established by the Con
10 stitution, and whose appointments are no
!; otherwise provided for), and is not With
the spirit of article A. section Z, (whic
!. makes man ineligible for holding NOR
than one Office, is it not excepted Just a
it was under the decision in McIver's cas-
from article 3, section 10, of the Consti
tuition 1t will be noted that the exec;
ton is in the Constitution itself, for b
49, the Constitution, in the case referre
:: to, it is section 6 of article 8, of tn
Constitution which excepts Trustees fro1
ne article 3, section 10, of the Constitution
;h Certainly the position of Trustee i
ne not in the spirit of the Constitution tina
no no officer shall be a Trustee for from th
10 first the Governor of the State has bee
s. ex-officlo chairman of the Board, an
IN judges, State officers and legislators hav
" been most prominent as the Trustees O
n, that venerable seat of learning. 1t i
he true that the Supreme Court in severa
n decisions has given its dictum that a Trus
ie tee of the University is an officer, but it ha
not rendered decision to that effect, an
untiI II ia Sn 6aoi6aI 1,-o oil oo,+;,,o