The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1894-07-17
OPINION BY THE COURT.
me JUDGES TO be Elected.
RALEIGH, N. c., May IL, 1894.

DEAR SIR:-The communication from
our Associates and the Judges OF the
Superior Court which has been for
warded by your Excellency to us, re-
lieves us of embarrassment in comply
ing with your request, since 1t is IN the
nature of a submission of the contro-
versy in reference to their terms OF
Office without a formal action.
The doctrine of stare deciSis applies
with equal FORGET constructions placed
upon constitutions and upon statutes.
Where courts of last resort have placed
an Interpretation upon either, which
adjusts and settles the rights of citizens
to Offices or any other property, moth
ing short of the most palpable proof
that such presidents are productive of
wrong and injustice, will warrant a
material modification of the principle
so settled. Courts are extremely re
luctant likewise to disturb or modify
any construction that has been given
by the legislature to statutes or provis-
ions of constitutions, since their enact
ment. Where business relations have
been heretofore adjusted or rights to
offices have been recognized as settled
by the legislative sanction so given to
a particular construction of doubtful
language, courts are eve more averse
to disturb or over-rule a principle
which has been accepted and acted
upon by the public, because it had the
approval of the lawmakers whose
power to enact or modify statutes is
limited only by the Constitution, and
whose interpretations of the organic
law is entitled to such profound respect
that it will be disturbed by the courts
only on the weightiest considerations.
The Importance to be attached to the
opinion of this CO. ordinate department
of the government is greatly enhanced
by the fact that the C~ontroverted ques
ton, which we are called upon to de
eide, though not n in which we have
any direct interest, may nevertheless
naturally suggest to the pubic the pos
sibility that it relates so closely to our
own positions as to make it difficult to
eliminate personal consequences from
its consideration. It is of the first i'm
p~ortance, not only that Justice should
be fairly and properly administered,
but that it's administration should COM
mand the confidence of every honest,
enlightened and law abiding citizen,
We are confronted at the Threshold
IS tho rvoC%TC0fTnn nv tho foot Aln%
the legal adviser of your Excellency
has at your request submitted a we'll
considered and strong argument upon
the one side, while some others of the
ablest and most learned members of
the legal profession have favored us
with the powerful presentations of the
opposing view. When the scales are
so nearly evenly balanced, we deem it
our duty to settle the preponderance
by casting the legislative view, which
is of peculiar weight in this case, into
the scale where it belongs. Another
consideration which influences us to
act upon this view is the fact that after
applying all of the rules devised to
aid us in ascertaining the meaning of a
constitutional provision, it must be ad
United that the science of law is less
exact in its application to construction
to be placed upon words, than to any
other subject, since such is the imper-
lection of human language that law
makers often fail to express their
meaning in unequivocal terms, and the
Interpretation of doubtful expressions
of their purpose almost always leads
to conflict even amongst the most
learned j~urists.
The act of 1876-77 Code section
2736) provides how any vacancy, either
in the Offices of Justices of the Supreme
Court or Judges of the Superior Court,
among others, shall be filled, when it
occurs more than thirty days before a
general election. If it did not appear
er III terrnini that the word vacancy"
was used in the sense of an unexpired
term, the repetition of the same word
in the very next section, which pre-,
coded the provision in reference to the
Judges in the original Act Section ~
Ca. 275 Laws 1861 and followed
when both were reelected in the Code
Section 27SO tends to show that it was
the legislative purpose to fill the vacant
place in both instances for the unex-
pired term. A reference to the history
of our own courts will show that this
was the view of the law which was put
into practical operation when vacancies
occurred after the passage of the Act