The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1895-06-13
TIE ASSIGNMENT ACT.
Justice Clark Dissents in "A Powerful
Opinion.

opinion.
From the News and Observer
WYATT vs. Wheeler and ilson
Mannfactu, ing TO
Faircioth, &. } Tor the reason
assigned in Carr Vs. Coke, at this
term he judy m-nt oil the court bel Nv
is Sustained Affirmed.
Clark, j dissenting: This cas-
resembles much hat OF I arr VS.. Coke,
at this term, an inyessiation OF the
same fraud Icing asked, and ic is
unnecessary to repeat tie reasons
given in the dissenting opinions filed
In that case. In this case the plain
tif1s claim under an assignment ex-
ecuted in accoI dance With the laws
heretofore in force in this State and
which Legislature after legislature,
including the present onr, has de-
clined TO alter. The plaintiffs CON
tend that such assignment is valid.
and that their rights are not afi ctnaI
by the pretended ''assignnent Inv"
which alter being def.,iited ON It's pas
sage 10 the present G.naral Assembly
WAS surreptit ously and fraudu-
lentiy procured to be signed by IA
lex option practiced on the Spa kers
The action Was dismissed below on
The ground that, taking the allega-
| lions to be rIue-and iadeed they
were not seriously controyerted on
the argument-the Court had no
jurisdiction to rig ht this great WI ong
| and fraud.
1t would seem that certainly
the Speakers of the two Houses
| should have been allowed to
testify that this fraud had
| been practical on TIL IN and
and that their signatures had lot
| been knowingly aud Intentionally
placed to bill which they knew had
not been passed, but which had been
defeated. This was due to them, to
the Legislature and to the people.
The people gre entitled, as a sacred
and inviOlable right, to be governed
by no laws save those enacted by
tier representatives duly and legally
assembled. The act of a corrupt
and hired william, whose proper place
is in the penitentiary. should by no
process of reasoning or refinement OF
logic be imposed Cd the people, in
express contradiction to a vote OF
their General Assembly. The power
of consolidated wealth, acting
through the channel of purchased
and hireling lobby, is growing evil
in all American legislation. The
solemn and unmistakable issue in this
case, brushing aside all TECHNICAL
ties, is simply this: Shall the law be
what the Representatives of the peo-
pie declare iG shall be, or shall the
will of powerful and menacing com
binations of capital acting through
the lobbyists with which they every
where assail legislative action, oyer
ride and be substituted for the popu-
lar will? To a fearful extent this
has been the result in Congress and
in many State l. legislatures, but by
more devious methods. This is the
first instance in which one of these
combinations, failing to secure its
end Ivy influencing legislation in the
usual mode, has boldly an cynically
defed the action OF the General
Assembly and set asiGe its negative
vote by iraudently substituting the
defeated bill as a genuine one, ard
procuring the uninteutional sight :
lures of the Speakers. For the first
time in American history accumula
ted capital and it's hirelings have
dared to take so bold a step.
We are esked to say that such
action is beyond the power of the
Courts. The plaintiffs have nopower
to call the legislature together, and
they may be unable to satisfy the
Governor that their wrongs, great
as they are, are sufficient to Tax the
public with the expensive precedent
of e-summoniDg the legislature
whenever the fraud Of a lobbyist is
discovered. There is an easy, a
cheap and speedy remedy by setting
aside the signatures, as fraudulent,
upon the testimony of the Speakers
to that effect and the verdict of a
jury. Upon the verdict of a jury,
every man is dependent for the
protection of his property, his repu-
tation, his liberty and his life. Sure
ly it is a competent tribunal to
decide whether the signatures to a
piece of paper were knowingly and
Intentionally affixed by the Speakers
with the assent of their respective
Houses, or whether the bill had been
defeated on it's attempted passage
and Notwithstanding such defeat the
signatures and certificate of the
Speakers had been thereafter pro-
cured by a bold and shameless fraud.
Reduced to it's last analysis, the
question is simply whether Legisla-
turers shall legislate, and whether
the time honored institution OF
"twelve good men and true" shall be
trusted to declare, upon the testi-
mony of the presiding officers of the
two Houses, that a gross fraud was
perpetrated on them in procuring
their signatures to a bill which had
not been enacted by the two Houses,
but had been tabled.
1t is not an occasion when public
policy or individual rights can toler-
ate the suppression OF an investiga-
ton. The investigation should be
full, free and searching. 1.-The lights
should be turned on" not off.
Nothing that is honest and pure and
of good repute, need fear an investi-
CATION. Others have no ella n to be
protected from it.
1 ra,r, I oova,,,, fh;, liSuanf