The times. [volume] (Richmond, Va.) 1890-1903, 1892-09-07
THE OLD NORTH STATE.
,lrxsr Events IN ITS borders.
The Appointment OF . Successor to Asso-
cists Justice OF the Supreme eourt-A
Nice Constitutional Question.


appointment of successor to the late
Associate Justice Davis, of the state
Supreme Court, brings up an interesting
question which may have 10 be passed
upon by the court itself The OLD consul
tuition required the Governor TO appoint
and fill vacancies until the time expired
The amended constitution or 1910 directs
that in case of vacancies the Governor
shall appoint until the next general cleo
ton, when the people shall elect. Inc
question is whether this election at the
next general election means an election
fol- a full term of eight years OF al elec
ton to bill the unexpired term only. Law
yers differ. some holding that the eleclloh
Is 10 ill the unexpired term IN order th9t
the regular rotation of elections may be
Preserved. others being OF the OPINION
that il means an election for fuil term.
for the reason that the constitution con-
fers upon the people the rignt 10 erect
without limitation. and they can elect
for full term at one time as wei 10
another. and that there would be no rcd
son for requiring the people to elect to
fill vacancy for year or TWO ana tnen
recurring them to elect again Tor fuil
term. Governor FOwle took TINS latter
view when be appointed Judge Merrl-
man chief Justice and Judge Clarke as
socjate Justice. to fill vacancies, and is
sued their commissions for full terms OF
eight wears each. If Governor Holt
takes the opposite view aud issues TO the
associate Justice TO be elected in Novem-
Der a commission only for the une1pifed
term the only way IN when inc question
could be brought before the court wouio
be by a writ of mandamus TO compel the
Governor TO sign a commission Tor tine
full term. Or the Governor could request
the court to c0nstrue the law Tor nln. In
this latter event only two OF the I'VE
justices would probably pass upon the
question. as the tenure of Office Of all the
others is involved in the same question.
On Sunday very remarkable accldent
happened 10 a freight train on the Caro-
lima Central road As the freight from
Charlotte TO Wilmington was running
along at schedule time between Rocking
ham and Hamlet, and while crossing
treste coupling pin 9bout the middle
of the train broke, and box car neW
off the trestle and landed on the ground
about thirty feet below. The train closed
III and went on as if nothing had happened
When the accident WITS discovered the de-
tached portion of the train was properly
coupled and taken on TO its destination.
The deraled car was not badly damaged,
and was left to be gotten up later NO
ore was injured.
The road which the Atlantic Coast Line
will built from Wadesboro to Winston,
il is learned will run through Stanley,
Rowan and Davidson into Forsyth. The
distance to be traversed will be nearly
one hundred miles, and 1t will cross
nearly the entire State, Arson county in
which is WadeSbOro, being on the South
ernmost tier Of counties. and Forsyth,
where Winston is situated, being but one
county removed from the Virginia line.
The road will run through a magnificent
country Which has been pierced by but one
other road. the North Carolina and
will be with the Chcraw and NadesborO
Raleigh at WadesbOrO the connection
road. mt Lexington with the North Caro-
lima. and at Winston with the y. W. y.
c. and the Roanoke and Southern.
Candidate f. A. Woodward addressed
a large audience at Jack son. in North
ampton county, yesterday. He is very
hopeful of the congressional election in
this district this fall. Cheatham the Re
publican. is very unpopular among his
own people. and Thorne. Third party can
didate. will devote this week with this
county.
The chairman of the Third party e1ecu-
tive committee in Martin county * az OK
Federal soldier. an exRepublicnn member
of the General Assembly, e1-Republican
sheriff. and is an applicant for pension
from the Federal Government. He
fought our people four years, and now
tries TO turn part of them against the
other.