The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1893-04-18
No. 10

charter the power is granted to said
corporation to use and adopt such
means and measures Cor enter into any
contrac) as may be necessary to raise
funds for is purpose and to conduct
It's financial operations, etc. The ALI
ance IN carry ing out this section has
established and provided what is known
as a TeSerUe fund on nsubscriptions taken
from Sub Alliances and private mem
bers Of the Alliance voluntarily con-
dltlOn0d that said fund is not to be
touched or Withdrawn by the subscrib-
ers except for over drafts or until the
whole Business Agency of the Alliance
should be stopped or broken up. The
legislature by its amendment makes an
eC post factO law in enacting that these
funds shall be paid to the subscribers,
now at their option, whether the Ali
ance says so or not. These subscribers
knew when they subscribed TO this
fund that they could not legally with
draw their funds at their option, that
being a part Of the condition of the
subscription Here, then, istwo parties
outside of the legislature bound one to
the other and between each other in
contract made according to law, which
can be forced against either party in
any court Of law and equity on suit
being brought by the agrieved party.
ask the question, has the legisla-
ture the power to make law that will
go back retrospectively and impair
this contract when the Constitution Of
the State OF North Carolina and of the
United States expressly forbids it? I
says no. and the courts will say no.
This part of tae charter and contract
has been perfectly carried out. The
Alliance having raised a fund of $33 900,
which fund by contracthas been placed
in the hands Of an honest, competent
and bonded officer, no part of this
fund having been called upon to pay
over drafts, and the Alliance not vet
dead and no prospect or likelihood that
it will soon die. Tue legislature clG-
not make any law or add any amend
ment to the act of incorporation alter
ing or changing any part of it without
the cOnsc Mt or request Of the legally
authorized agents or officers Os the
corporation. / hold that the amend
ment passed BY the Legislature not be,
ing constitutional, are not binding until
they are accepted by the State Alliance
and the Sub Alliances, They being er
post fdctO and retrospective, they Ger.
tainly impair the contract as hereto
fore made and entered into. Upon.
this question of eC post ,factO law a
State constitutional convention has no
power to make a retrospective law or
law impairing past contract cts, and they
have no power to make such a law a
part of the Constitution of the State.
North Carolina has had some expert
ence on this point in making it's pres
ent Constitution. The Supreme Court
of the United States held that the
homestead part of the Constitution
was e5c post f0ctO on past contract and
that it applied to future contracts only.
If a constitutional convention direct
from the people aud superior in point
of power to legislature cannot make
any er post facto law, how is it possible
for a legislature to do it3
hope the Alliance will look at this
subject as I have presented it in the
above paper, and if they find that am
right in my conclusions I hope they
will act accordingly. Let us be gov
erned by law and justice and surrender
nothing that we are legally entitled to
have. J. w. A. KERR.